Numerous federal, state, and local laws require employers to grant employees job protected leave under specified circumstances. These laws generally define the circumstances in which employees may take leave, whether the time is paid or unpaid, and requirements for employee eligibility and advance notice.
To follow are 10 common leave of absence requirements as well as best practice guidelines for managing employee leave:
1. Family and Medical. Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for their own serious health condition, a family member's serious health condition, the birth or adoption of a child, or certain family military situations. The law covers employers with 50 or more employees, and employees who have worked for one year and 1,250 hours preceding leave. Several states have enacted their own family and medical leave laws, some of which cover smaller employers and/or permit leave under additional circumstances. It is a best practice to have a written policy in place along with standardized forms and procedures for requesting and tracking leave. In addition, supervisors should be trained on how to appropriately respond to leave requests.
2. Military. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires all employers to grant unpaid leave to employees who serve in the military. Under USERRA, an employee is generally entitled to a cumulative total of 5 years of military leave with a single employer. Some states have also enacted their own military leave laws, some of which permit employees to take time off when their spouse is on leave from deployment or to care for a family member who was injured during active duty.
3. Small necessities. More than a dozen states have adopted laws that provide protected leave for employees to tend to certain routine family matters, such as school activities or parent-teacher conferences. These are commonly known as "small necessities" laws, but are sometimes called school activities leave or parental leave laws. Most small necessities laws grant a certain number of hours of leave annually, per month, or per school year. Tracking this leave can sometimes be a challenge since it is often taken in less than full-day increments; however, documenting this leave is important to demonstrate compliance with the law and help to prevent abuse.
4. Voting. At least 30 states and even some local jurisdictions have adopted laws governing voting leave. Voting leave laws vary widely. Of the 30 states that require time off to vote, 22 states require it to be paid. In some cases, voting leave is only required if an employee does not have sufficient time outside of work hours to vote. Some states also permit employers to specify the hours that employees can be absent for voting purposes, such as limiting voting leave to the beginning or the end of the employee's shift. Check your state law to ensurecompliance.
5. Jury Duty. Under both federal and state law, jury duty is mandatory and employers are prohibited from disciplining or otherwise retaliating against employees who serve on a jury. Some states require employers to pay employees for time spent serving as a juror. Of the states that impose a pay requirement, some permit the employer to pay the difference between payments received for serving as a juror and the employee's regular wages. Employers may choose to require employees to provide verification of jury service. Some states have created online tools to help employers verify jury service. If you decide to implement a verification process, it must be applied consistently to all employees who are called for jury duty.
6. Pregnancy. Many states require employers to grant leave for pregnancy, childbirth or pregnancy-related medical conditions. In some of these states, leave entitlement is limited to those who are disabled by pregnancy. For instance, California requires employers to provide up to four months of job-protected leave for employees disabled by pregnancy, a term defined in state regulations. Absent any specific state requirement, an employer is generally required to treat pregnancy as it does any other temporary disability. Therefore, if an employer provides leave for other temporary disabilities, it must provide leave for pregnancy and related medical conditions under the same terms and conditions.
7. Sick. While there is no federal sick leave mandate, numerous states and even more local jurisdictions have passes laws mandating that employers provide sick leave to their employees. These laws generally define which employees are eligible, the circumstances in which employees may take paid sick leave, the amount of leave available per year, how sick leave is to be accrued, and whether it carries over from year to year. If you offer sick leave, it is a best practice to have a written policy that communicates company expectations regarding attendance and outlines the amount of sick leave offered, how it will accrue, call-in procedures, and documentation requirements (e.g., a doctor's note/medical certification). Depending on the law, you may also be required to report sick leave use and balances on employees’ wage statements.
8. Organ Donation. Some states have enacted laws that entitle employees to leave to donate an organ, bone marrow, or blood. In some of these states, the leave must be paid.
9. Crime Victims. In some states, if an employee or his or her covered family member is a victim of a crime or domestic violence, he or she may be entitled to time off to be present at legal and court proceedings, obtain an order of protection, seek medical treatment, or receive counseling services. It should also be noted that the Equal Employment Opportunity Commission (EEOC) issued guidance on how non-discrimination laws may cover applicants and employees who are victims of domestic violence, sexual assault, or stalking.
10. Emergency response. In some states, employees who are volunteer firefighters or emergency rescue workers are entitled to leave when responding to an emergency call prior to reporting to work, or in some cases, during work hours. Generally, these laws require the employee to notify the company that he or she has been dispatched to an emergency as soon as is practicable. The employee may also be required to provide proof that they responded to an emergency call (e.g., a statement from the chief responding officer). Some states also permit certain employees to take leave for fire or law enforcement training. Check your state law to ensure compliance.
It's important to note that your state or local jurisdiction may have additional leave of absence requirements, above and beyond the summary of requirements provided here. Employers are urged to check their specific laws and to develop policies and training in accordance with their applicable requirements. Please reach out to your Service Team or Relationship Manager with any questions related to job protected leaves in your jurisdiction.