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Leave Policy

tfevergrntfevergrn 114 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
As long as an employer complies with individual state leave laws, is it necessary or required, to have any other type of Company Leave policy, outside of Military and worker's compemsation leave?

Thanks in advance for you help!
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  • 3 Comments sorted by Votes Date Added
  • Margaret MorfordMargaret Morford 1,143 Posts
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    Don't forget required leave under FMLA. Also a leave could be a reasonable accomodation under ADA. Check your state laws for maternity leave, small necessities leave, jury duty, etc.

    You are not required as an employer to offer a leave of absence. Just as you are not required to offer vacation, sick time or bereavement. However, I wouldn't want to be unable to help that great employee that needs a week off for some personal reason. Remember, if you don't offer personal leaves to employees, that mean all employees, including the really good ones you'd like to keep. You can condition your personal leave policy on the employee's work record, the reason for requesting the leave and the production and staffing needs of the organization to limit its use. I've got a combination policy and form for an employee to apply for a personal leave of absence that I will send to if you will e-mail me.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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  • tfevergrntfevergrn 114 Posts
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    Thank you Margaret! I just forgot to add FMLA in my list. I just wanted to make sure we have the "required" leaves covered. For maternity leave and/or pregnancy disability leave, since we are a multi-state employer, could we just simply state that leave will be honored in accordance to all state and federal laws and if there are no specific state laws, leave will be gtanted in accordance to FMLA Law?

    I will email you with my email address for the forward you spoke of.

    Thank you....
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    Here's what I usually put at the end of all handbooks I draft to cover the employer:

    Conflicts with State and Federal Laws

    To the extent that any policy may conflict with state or federal laws, the company will abide by the applicable state or federal law.


    However, some states mandate that certain state specific policies be included in the handbook when it is updated, usually it's the maternity policy.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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