Offering the Right Terms for Employee Leave

Tuesday, September 11, 2007

Wells Fargo, http://

Employee leave can be difficult for you and the employee in question. Legally, what are your options and what latitude do you have as an employer? Those guidelines are outlined by the federal Family and Medical Leave Act (FMLA). While FMLA applies to companies that have 50 employees or over, it doesn’t mean you’re out of the woods: Many states have analogous legislation that applies to companies of any size.

Here’s how FMLA dictates unpaid leave for eligible employees:

* situations in which the employee is unable to work because of illness or other health difficulties;
* placement with the employee of a child for adoption or foster care;
* birth and care of the newborn child of the employee; or
* caring for an immediate family member with serious health difficulties (immediate family members are defined as spouse, child, or parent).

In addition, spouses employed by the same company or agency are jointly entitled to a combined total of 12 work weeks of family leave for the birth and care of a newborn child, for placement of a child for adoption or foster care or to care for a parent suffering from a serious health condition. Finally, depending on the circumstances, some employees may be able to take leave in blocks of time or by scaling back their normal work schedule. In addition, employers or employees may sometimes choose to use accrued paid leave to cover some or all of the FMLA leave.

“Many smaller firms may not be held to such strict standards, as you wouldn’t be required to forgo making a living to give a key employee unpaid leave,” says attorney Matthew Hausman. “Still, even if you’re not covered by FMLA, consider giving some thought to what you do for employees. Put policies and procedures in place that clearly outline those to your employees and apply them consistently. If you extend benefits of any kind and then cut them off, that can be seen as modifying your own procedures and you may be exposed to a lawsuit because of it.”

Hausman re-emphasizes that documentation is critical and that you should never do anything verbally that you don’t back up in writing. “You may be operating out of the goodness of your heart, but a spurned employee may react by suing you,” he says. “Always be clear, consistent and put it in writing. If you have a manual, always update it, even if you’re simply sending out a memo with a minor change. And stay up to date on any changes in the federal and state statutes. It may not affect you this week, but that can change at any time. If you have any questions about leave, speak with your attorney or a labor lawyer.”

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