Navigating Your Employee's Leave With Ease

Navigating employee leave requests involves more than making sure you have enough workers to get the job done. Employment laws are also at stake.

State and federal laws give employees covered leave for protected reasons, including to care for family members and recover from illness. Employers can face liability for violating leave laws.

It’s important for employers to have clear leave management processes, not only to improve employee well-being, but to avoid legal liability. For legal advice about navigating employee leave, contact a local employment law attorney.

Sick Days and Employee Leave

Employers need a level of consistency and predictability with employee staffing. It can be difficult to balance leave policies, coverage, and employee satisfaction. Overly flexible policies can leave employers without enough workers to take care of the bottom line, while overly strict leave policies can hurt retention and expose employers to possible lawsuits.

Full-time, exempt employees usually get paid time off (PTO) for sick leave, vacations, and other types of covered leave. Part-time workers may not get PTO, and any employee’s time off work is unpaid. Leave administration varies by industry, worker category, and state laws.

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Understanding Employee Leave Laws

Leave laws let employees take a temporary leave of absence from their job with the assurance that the jobs will still be there when they return. Most types of leave are unpaid. However, some types of leave get compensation, if the employer has paid leave policies.

Types of leave include:

• Sick leave
• Medical leave
• Bereavement leave
• Childbirth and adoption leave
• Jury duty leave
• Military service leave
• Voting leave

Leave laws may apply to all employers in the state or larger employers with more than a determined number of employees. To find out whether leave laws apply to your business and how to comply with state labor laws, talk to a local employment law attorney.

Family and Medical Leave Act

The primary federal leave law is the Family and Medical Leave Act (FMLA). FMLA applies to employers with 50 or more employees. Covered workers under the FMLA can take up to 12 weeks of unpaid leave for certain family and medical reasons. Covered FMLA leave includes time off for:

• The birth and care of a child
• Adoption or foster care placement
• Caring for an immediate family member
• Medical leave if an employee cannot work because of a serious health condition

Employers must also maintain an employee’s health benefits during leave. At the end of taking leave, employers must restore workers to the same or an equivalent job. An equivalent position has equivalent pay, benefits, terms, and conditions of employment.

State Employment Leave Laws

Some state labor laws provide more expansive workplace leave, including paid and unpaid leave. For example, the California Family Rights Act (CFRA) has expanded protections for taking sick leave. The FMLA applies to employers with 50 or more employees, while California’s law applies to employers with five or more employees. CFRA also includes leave for family members who might not otherwise qualify under the FMLA.

Worker Benefits and Contributions During Leave

For many benefits, workers and employers contribute to the cost of coverage. Most employers offering health insurance require employees to contribute towards their premiums. Leave laws may require employers to continue benefits during leave. Employers must collect employee premiums during unpaid leave when the employee does not have income to apply to insurance premiums.

State and federal laws restrict how employers can collect insurance premiums before, during, and after covered leave. Talk to a local employment law attorney about how to handle benefits and premiums during periods of leave.

Employee Leave and Retaliation Claims

Most employers have an at-will employment relationship with employees. Employers can terminate workers for almost any reason or no reason. However, labor laws prohibit taking adverse employment action against workers for protected reasons — including covered leave.

Employers cannot fire eligible employees for taking medical leave under the FMLA. Employees can file a wrongful termination claim against their employer for unlawful retaliation.

If you think your employee is taking advantage of leave laws or taking time off for an uncovered reason, be careful about taking disciplinary action. Document any disciplinary proceedings. Consult with your employment lawyer about how to handle taking action against an employee involving leave.

Returning Employees with Disabilities

After taking time off for a serious medical condition or accident, some workers may return with temporary or permanent disabilities. Under the Americans with Disabilities Act (ADA), employers must make reasonable accommodations to allow the employee to perform essential job functions.

Employers must comply with ADA laws and related state disability discrimination laws for workers. Failing to make reasonable accommodations can expose an employer to disability discrimination claims.

Legal Advice for Workplace Leave Policies

Employment law attorneys understand state and federal workplace leave laws. They can review your company policies to ensure compliance with all federal, state, and local employment laws.

Even with the best human resources and leave management systems, employers face situations they could not plan for. An employment law attorney can help you navigate effective leave management and avoid liability for state and federal labor law violations. For legal advice on navigating employee leave, talk to a local employment lawyer.