Leave of Absence Policy
6327515
12 Posts
Does anyone offer or have a personal leave of absence policy?
I know that normally you would use FMLA to cover issues under this category; however, we only have 12 employees so we do not have to offer FMLA.
We have a short-term disability policy to cover medical/disability issues but sometimes employees may need time to care for their family members.
I was thinking I could allow 12 weeks of leave, but for some unseen extenuating circumstance, our employees may need more than 12 weeks (without pay). I would like to be able to give them the option on a case by case basis.
Pros and cons to this idea.
Comments
Food for thought....
The less specific your policy, the more your decisions are open to question and prone to error.
What's the likelihood that you would rule similarly on cases 3 years apart? Would you keep a precedent manual up to date on leave-extending decisions?
Can your business afford to have one of its 12 employees gone for even 12 weeks?
The following is from our employee handbook:
Personal Leave of Absence
All regular full-time and regular part-time employees are eligible for Personal Leave. Leave granted is the employer's sole descretion because of other compelling circumstances including non-FMLA eligible family or medical leave. If granted a Personal Leave, you are required to use all accrued paid time off before the unpaid portion of the leave begins.
Personal leaves are normally limited to a maximum of 30 days. Extensions may be granted with approval of Human Resources under extraodinary circumstances. If you are granted Personal Leave, efforts will be made to holdyur position open for the period of the approved leave. However, the employer cannot guarantee that you will be returned to your position either before or upon expiration of the leave. If your position is unavailable, your employment will terminate as of the last day of your Personal Leave of Absence.
Here is our policy:
**** provides <?xml:namespace prefix = st2 ns = "http://schemas.microsoft.com/InformationBridge/2004" /> '>leaves of absence without pay to eligible '>employees who wish to take '>time off from work '>duties to fulfill personal obligations. Employees in the following '>employment classification(s) are eligible to request personal leave as described in this policy:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
· Regular full-time '>employees who have been employed with **** for at least one (1) year
As soon as eligible '>employees become aware of the need for a personal '> '>leave of absence, they should request a leave from their supervisor.
Personal '>leave may be granted for a period of up to 10 calendar days every 12 months. If this initial period of absence proves insufficient, '>consideration may be given to a written request for a single extension of no more than 20 calendar days. With the '>supervisor's approval, an employee may take any available '>vacation leave as part of the approved period of leave.
Requests for personal '>leave will be evaluated based on a number of '>factors, including anticipated work load '>requirements and staffing considerations during the proposed period of absence.
Subject to the terms, '>conditions, and '>limitations of the applicable '>plans, **** will continue to provide '>health '>insurance '>benefits for the full period of the approved personal '>leave. '>Employees requesting this leave must make arrangements with the Human Resources Department for '>payment of their share of the insurance premium prior to going on leave. Failure to do this may result in loss of insurance coverage.
When a personal '>leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, **** cannot guarantee '>reinstatement in all cases.
If an employee fails to report to work promptly at the expiration of the approved '>leave period, **** will assume the employee has resigned
This is our policy on unpaid personal (non-FMLA) leave:
UNPAID PERSONAL LEAVE <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
Unpaid personal leave may be granted for up to six months. A written request, outlining the specific dates of the leave and the reason for the leave, must be submitted for approval at least 30 days in advance of the leave whenever possible. The Company reserves the exclusive right to determine whether personal leaves will or will not be granted. Employees are requested to update their leave status in writing once monthly while on leave. Failure to return from a personal leave as scheduled is considered resignation from the Company unless an extension is approved in writing. A personal leave does not constitute a break in service, but it does affect vacation and other benefits. Be sure to ask about the loss of benefits when applying for any leave of absence. Employees are responsible for maintaining their normal benefits contribution during personal leaves of absence. Managers may require employees to use all accrued paid time off before unpaid leave is granted.