Employers need to make sure their leave policies remain consistent with applicable laws and are administered accordingly. Occasionally, more than one type of leave law may apply, so employees in those instances should comply with the leave rule – whether federal, state, or local – that is most favorable to the employee. Here are some general guidelines and recommendations:

• Determine which employee leave laws and policies may apply to an employee’s leave request. Employers may need to review an employee’s situation carefully to determine their leave obligations.
• Make sure that any manages or supervisors involved in the employee leave process receive training on the employer’s leave policies. This helps ensure that employee leaves are administered in a manner consistent with applicable laws.
• Administer employer’s leave policies in a consistent and non-discriminatory manner across the organization. This helps protect an employer from claims of illegal leave administration.
• If an employee’s leave is covered under more than one leave law or policy, determine whether the leave periods can run concurrently to reduce the amount of time off (worker’s comp, FMLA, etc.).
• Do not delay designating an eligible employee’s absence for an FMLA-qualifying reason as FMLA leave.
• Remember the employer’s obligation to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). The ADA requires covered employers to provide employees with leave as a reasonable accommodation, unless doing so would cause an undue hardship for the employer.
• Continue group health plan benefits during the leave, if required to do so by the employee leave law or employer policy.

Knowing your legal obligations and options regarding employee leave requests can save time and trouble down the line. Contact the Benefits team at Evergreen Insurance for more information on this and other important topics.

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Evergreen Insurance provides these updates for information only, and does not provide legal advice. To make decisions regarding insurance matters, please consult directly with a licensed insurance professional or firm.