Navigating the different types of leave available for employees can quickly get confusing. FMLA, ADA, Company Leave, FFCRA, PTO, STD, LTD – it’s a sea of acronyms, each with their own set of rules and guidelines that often overlap or weave together. Keeping track of the various types of leave available can be challenging, but employers would be best suited to strategize which leaves may be applicable to them and develop policies around them. Because employees will inevitably need to take time off, employers need to have a basic knowledge of laws and policies that protect both the employee and protect the company.
Types of Leave
Generally, when looking at the wide variety of time the employee can take off, employers should understand that there are two main functions of defining leave: How does the employee receive pay and How long must the employer hold the employee’s job and/or benefits? Both of these items are very clearly defined in the federal FMLA regulations applicable to employers with 50 or more employees within a 75-mile radius. Outside of the standard FMLA, employers are encouraged to have a company leave policy which defines these same benefits.
Where FMLA protects the employee for not only their own health condition, but that of their immediate family member, the ADA may protect just the employee by providing a reasonable accommodation, which could include a short-term leave of absence. The ADA doesn’t require employers to hold the employee’s job or their benefits nor does it require continuation of pay. However, the employee may be eligible to use Short-Term or Long-Term Disability along with company Paid Time Off, Sick Time and or Vacation time during this absence.
Because these leaves can stack together, employers need to closely evaluate every situation to determine what different leave options may apply.
What to Do Now
Take a moment to review your current employee handbook to ensure that you have a clearly defined FMLA policy if applicable. Even if you are subject to FMLA, all companies should also have a leave policy defined for those employees who are either not yet eligible for FMLA or where FMLA doesn’t apply. In that company leave policy, the employer can define whether the leave is paid or unpaid and how long the employee is allowed to remain on the company benefit plan during leave. Additionally, the employer can define how long they will hold the employee’s job during leave. It is important to be consistent with these guidelines to prevent discriminatory practices.
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