Learn what to do when an employee uses their leave of absence policy.
As an employer, how can you reduce the impact an employee’s leave of absence policy has on your company? With several laws protecting employees, you must practice caution against expensive litigation in case of a dispute. Learn what to do when an employee uses their leave of absence policy and how to reduce the effect of their leave on your business.
What Signifies a Leave of Absence?
Generally, a leave of absence policy is when a working employee is given permission to take time off for a certain amount of time. The time taken can be unpaid, paid, voluntary, or mandatory, depending on the request’s circumstances. Also, an unpaid leave of absence typically happens once the worker has run out of paid leave, like sick days.
Voluntary Leave vs. Mandatory Leave of Absence
There are officially two types of leave: voluntary and mandatory. So, federal law and state laws rule a mandatory leave of absence. They include the Family and Medical Leave Act, military leave, and Americans with Disabilities (ADA). In contrast, the law doesn’t require voluntary leaves. Most company policies or labor unions provide these leaves of absence as a courtesy or a collective bargaining agreement. Since these leaves are non-mandatory, you can grant them according to the guidelines you have in your leave policy. In addition, you don’t have to provide job protection during a voluntary leave, but you can choose to do so.
Instances Protected by Law
Moreover, the law may protect some instances and require you to manage a set amount of time. These instances include:
- Jury Duty: Companies must provide unpaid leave for their employees’ jury duty service in federal courts. Additionally, most states require this too.
- Voting (paid time off): Paid or unpaid time off to vote varies per state laws or whether or not an employer must provide time off to vote.
- Military Service: The Uniformed Services Employment and Reemployment Rights Act is a federal law that protects employees in areas like reemployment, employment, benefits, and more.
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