Leaves of Absence Types and Why Businesses Should Pay Attention to Them
A leave of absence is a period of time that an employee is allowed to be away from their job, typically for personal, medical, or family reasons. Leaves of absence can be either paid or unpaid, depending on federal, state, or company policy and the nature of the leave. There are various types of leave, including (but not limited to): Medical leave, family leave, parental leave, bereavement leave, military leave, and personal leave.
Leaves of absence are essential for maintaining a healthy and compliant work environment, and businesses need to manage them carefully to ensure operational continuity and employee satisfaction. Additionally, there are federal and state laws, such as the Family and Medical Leave Act (FMLA), that mandate certain types of leave. Non-compliance can result in employee dissatisfaction, turnover, and legal penalties.
What exactly is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law which requires all public employers and all private sector employers of 50 or more employees to grant unpaid leaves of absence to qualified workers for specific medical and family-related reasons. FMLA provides eligible employees with up to 12 weeks off per year for purposes such as bonding with a new child, addressing a serious health condition of their own or caring for a family member with a serious health condition, or attending to military exigencies. The federal FMLA also allows eligible employees to take up to 26 weeks per 12-month period to care for an ill or injured service member.
FMLA requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. Family and medical leave laws also prohibit retaliation or discrimination against an employee for exercising rights under the FMLA, or for giving information or testimony about alleged violations of federal family and medical leave laws.
In order to be eligible to take leave under the FMLA, an employee must have worked 1,250 hours during the 12 months prior to the start of leave, or have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave.
Are there state-specific requirements?
Depending on the state that your business is located, there might be! The Federal FMLA allows states to set more extensive requirements, and many states have chosen to implement both paid and unpaid leave for a variety of reasons. For example, California, Colorado, New York, and ten other states have created mandatory paid family and medical leave programs. Alabama, New Hampshire, Tennessee, and five other states created optional paid leave coverage that employers can purchase through private insurers. Below are a few examples* of State Leave Laws.
How do I know what’s required to offer to my employees?
It’s always best to reference an official federal or state website for the most up-to-date and accurate information. Once you’ve identified what leave types are offered to your employees, we recommend adding it to your Company’s Employee Handbook to clearly communicate with employees about what their rights are. It is the employer’s responsibility to inform employees of their rights and responsibilities under both Federal and State Family and Medical Leave laws.
How Rising Tide HR Can Help
Understanding and managing each unique leave can be confusing, and time consuming. Let us help!
Identify Leave Requirements: Identify leave requirements and ensure that all required leave types are clearly defined in your Company’s Employee Handbook.
Leave Management: At Rising Tide HR, we offer complete management of your LOA process for all state and federal leave types. This includes assisting employees with filing claims, managing state requests and requirements, and managing time off and payroll related to leaves of absence.
Please note that there are many unique circumstances within each state and for each specific situation. The information provided here is general in nature and should not be used to directly apply to an employee's situation without seeking additional guidance from legal or HR professionals.