Managing employee leave can be challenging for employers. There are many laws and regulations that must be considered before, during, and after leave is granted. The most common type of leave is the Family Medical Leave Act (FMLA) which generally applies to employers with 50 or more employees. However, there are many additional leave laws that likely also apply. Washington employers must be well versed in the Washington Paid Family Leave Act (PFML), use of Paid Sick Leave, pregnancy disability leave, military leave, workers’ compensation leave, domestic violence and stalking leave, leave as an ADA accommodation, etc.
Every leave situation is unique, but employer consistency is important to ensure fair treatment and compliance with applicable leave laws. Employers could face claims of discrimination and leave interference if not handled properly and consistently. Not only are there legal requirements for employers when leave is requested, but employers also must identify possible needs for leave, even if it is not specifically requested by an employee. Employees responsible for managing leave should be well trained to identify language that could imply a possible need for leave.
In some situations, an employee may be eligible for intermittent leave. The duration and frequency of leave should be identified as early as possible. When permitted by law, this can often be accomplished through obtaining certification from the employee’s medical provider to estimate how often the employee needs to be away from work. Establishing this as early as possible helps employers prepare for absences. Actively managing employee leaves through providing required notifications, tracking, and other forms of leave administration, can be a heavy burden for employers, especially given that many industries are already experiencing a lack of qualified employees.
Even in instances in which employee leave is not an FMLA qualifying absence, employers must still evaluate other types of applicable leave, and in Washington that often includes the Washington Paid Family Medical Leave (PFML). PFML requires employers to provide timely notification upon the receipt of notification that an employee has a need for leave. While eligibility is determined by Washington’s Employment Security Department, employers must still provide employees with information about how to apply for leave. While waiting for the determination letter from Employment Security, employers should conditionally approve absences as PFML. If Employment Security ultimately denies leave, the employer must then determine how to treat those absences. Furthermore, even if an employee’s leave request is approved, the employee must miss at least eight hours of consecutive work during the covered week to qualify for benefits and protected leave.
This is a tough balancing act for employers. Many employees are well-versed in their leave rights, while some may need leave and not realize what is available to them under federal and state laws. Employers must ensure comprehensive training for all employees who will be managing and administering leave, to ensure fair and consistent treatment of employees and compliance with leave laws. Record keeping and documentation are essential to protect the employer from liability and ensure leave compliance. Employers should consider developing a documented record-keeping system if they do not have one in place.
The information in this article is not intended to constitute legal advice and is for informational purposes only. Please contact Associated Industries for information about Leave Management training.
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