The Importance of Establishing an Effective Leave Management Process

Written by: Stephanie Burford, PHR, M.S., HR Manager at Advisor HR

Do you have employees who are constantly needing to be out for one reason or another and are not sure what to do? You are not alone, and Advisor HR is here to help! Leave management is an all-encompassing leave that includes any time an employee needs to be out of work for any reason. This can range from PTO/vacation, family responsibilities, bereavement, etc. Establishing this process is a critical aspect in human resources and should be addressed in the employee handbook. By establishing this process, it provides clarity to employees on how and when they can access leave. Additionally, it ensures that absences are managed efficiently while fostering trust with employees. In turn, this allows employees to take necessary time off while employers can minimize workplace disruptions while staying within compliance.

Compliance is a critical aspect when administering leaves. There are federal, state, and local requirements as well as non-FMLA options available.

Federal Law:

The Family Medical Leave Act (FMLA) is the cornerstone of the federal leave law. To be a covered private sector employer, the employer must employe 50 or more employees in 20 or more workweeks in the current or previous calendar year within a 75-mile radius. If the employer is covered, the employee then must meet all the following eligibility requirements:

1.          Has worked for the employer for at least 12 months as of the date the FMLA leave is to start.

2.          Has at least 1,250 hours of service during the 12-month period immediately before the date the FMLA leave is to start.

3.          Works at a location where the employer employs at least 50 employees within a 75-mile radius of the worksite as of the date when the employee gives notice of the need for leave.

FMLA mandates covered employers to provide eligible employees up to 12 weeks of unpaid, job protected leave to the employee for the following reasons:

1.          Birth of child or adoption of a child

2.          Caring for a family member with a serious health condition

3.          Addressing a certain qualifying exigency related to military service

It also provides up to 26 weeks of leave for military caregivers.

It’s important to note that employees do not need to specifically mention FMLA to be protected under the law. However, employees do need to provide enough information for the employer to know that their leave may be covered by FMLA.

Employers must track employee leaves accurately, maintain records, and ensure employees are reinstated to their position or an equivalent one upon returning to work.

State Requirements:

State laws vary when it comes to leave. They often supplement federal laws and provide additional protections. If the state is more beneficial to the employee, employers must comply with both federal and state laws, but follow whichever one offers the greater benefit to the employee. For example:

-               New York: Provides Paid Family Leave (PFL) for bonding with a child, caring for a sick family member, or military-related matter.

-               Massachusetts: Provides Paid Family and Medical Leave, Paid Sick Leave, Paid Jury Duty Leave, and Parental Leave Act (MPLA).

-               Colorado: Provides Paid Sick Leave

It’s important to note that depending on the leave, there may be a minimum employee requirement that determines eligibility. The employer can always do more than the law allows, but its important employers are aware of the specific requirements in the state laws where they operate. These laws may mandate paid, extend eligibility, or cover different reasons for an employee absence.  

Local Requirements:

In addition to federal and state laws, some cities and counties may implement their own leave regulations that provide expanded benefits or protections to employees beyond the federal and state requirements. Employers are required to ensure these laws are integrated into their leave management processes so employees receive the full range of benefits that they are entitled to.

Non-FMLA Leaves:

These types of leaves are continuous, not protected, and must be approved by the employer. Some common examples include:

1.        Birth of Child/Parental leave: Policies offered beyond what FMLA or state law mandates

2.        Personal Leave of Absences: Approved by the employer for an employee who may not be eligible for any federal, state, or local laws but is out for a continuous period of time due to personal reasons.

3.        Medically Related Leave of Absence: Approved by the employer for an employee who may not be eligible for any federal, state, or local laws but is out for a continuous period of time due to a medical condition.

Advisor HR is here to ensure employers are updated and educated on federal, state, and local requirements. Do you have an updated employee handbook that addresses all required leaves? Do you need more support in establishing this process? Advisor HR is here to help and will provide the documentation for you! We offer a supportive process that is compliant and fair when dealing with leave management. Additionally, our system provides the capability to record employees’ absences. Reach out today!