HR Compliance Overview: Employee Leave – Legal Rules

Employees may need to take time off from work for various reasons, including for their own medical situations or family emergencies. Federal and state leave laws require employers to provide employees with leave in certain situations. In general, when employees request time off from work, employers should consider their obligations under:

• The federal Family and Medical Leave Act (FMLA), if applicable;
• The federal Uniformed Services Employment and Reemployment Rights Act (USERRA);
• The federal Americans with Disabilities Act (ADA), if applicable; and
• Any applicable state and local laws on employee leave, including laws about paid sick leave.

This Compliance Overview provides a high-level summary of the compliance rules employers should consider when evaluating employees’ leave requests.

General Rules

• At the federal level, the FMLA, USERRA and the ADA require covered employers to provide leave in certain situations.
• Many states have their own laws regarding employee leave, including family and medical leave, school leave and organ donation leave.
• As a growing trend, states and localities are adopting paid sick leave laws.

Key Compliance Steps

• Determine which leave laws apply to your organization.
• Review employee leave policies and practices for compliance with applicable laws.
• Train supervisors on leave policies.
• Administer employee leaves in a consistent and nondiscriminatory manner across your organization.