Taming the Leave Request Jungle: A Guide for HR Professionals 

As an HR professional, you understand the importance of employee well-being and a balanced workforce. Managing leave requests, however, can sometimes feel like navigating a jungle – a complex web of policies, regulations, and legalities. This blog aims to equip you with the knowledge and strategies to navigate this terrain with confidence. 

One particularly dense area within the leave request landscape is the intersection of three key employment laws: the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers’ Compensation. This area, often dubbed the “Bermuda Triangle” of employment law, can be particularly tricky when employee needs fall under the purview of all three statutes. 

Understanding the Big Three: 

State Specific Leave Laws: In addition to “the big three” please note that the state you operate in or your employees work from could have specific laws that apply such as state disability leave or paid sick time leave. 

The Americans with Disabilities Act (ADA): 

• This act prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including leave requests. The ADA applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year. 

The Family and Medical Leave Act (FMLA): 

• The FMLA allows eligible employees to take unpaid, job-protected leave for qualified medical reasons, including caring for a family member with a serious health condition. The FMLA applies to employers with 50 or more employees within 75 miles of the worksite for at least 20 workweeks in the current or preceding year. 

Workers’ Compensation: 

• This program provides benefits to employees who suffer work-related injuries or illnesses. Workers’ compensation coverage is mandatory in most states. 

When the Laws Collide: 

The complexity arises when an employee’s leave request seems to trigger rights under all three laws. Here’s what you need to do: 

1. Determine Applicability: 

First, confirm that your organization falls under the purview of each law based on the employee count and location. 

2. Analyze the Situation: 

Next, pinpoint which law(s) apply to the specific leave request: 

• Work-Related Injury? If the reason for leave is a work-related injury or illness, then Workers’ Compensation is likely the primary law. 
• Serious Health Condition? If the leave is needed due to a serious health condition (employee or family member), then FMLA or state leave laws may be applicable. 
• Does the Condition Meet ADA Criteria? If the health condition qualifies as a disability under the ADA, then ADA considerations come into play. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. 

3. Evaluating Entitlements: 

Once you’ve identified the relevant laws, determine the employee’s specific benefits and entitlements under each. This may involve leave duration, light duty options, and potential adjustments upon returning to work. 

4. Return to Work Considerations: 

Evaluate whether the employee has the legal right to be reinstated to their position once medically cleared to return. Additionally, consider if the return to work poses any health or safety risks to the employee or others. 

5. Leave vs. Insurance and Reasonable Accommodation:

It’s important to distinguish between leave as a protected right and leave as a component of an employee’s insurance plan. 

• The EEOC Definition: The Equal Employment Opportunity Commission (EEOC) defines leave as “the temporary absence from work with or without pay.” 
• Indefinite Leave: Employers are not obligated to provide indefinite leave, as it could constitute an undue burden. 

Key Takeaway: When dealing with the intersection of these laws, a clear, consistent, and documented approach is crucial. Here are some additional tips: 

• Develop clear leave request policies: Ensure your policies are easily accessible to employees and clearly outline the types of leave available, eligibility criteria, and request procedures. Consider offering multiple languages for accessibility. 
• Train supervisors: Equip managers with the knowledge and skills to handle leave requests appropriately and identify situations that may involve overlapping laws. 

• Maintain communication: Keep communication channels open with employees who are on leave. Regularly update them on company developments and provide support for a smooth return to work. 

By understanding the complexities of the “Bermuda Triangle” and implementing the strategies outlined above, HR professionals can effectively manage leave requests, maintain compliance with legal requirements, and foster a supportive work environment for their employees. MP-HR’s team and HR solution can empower you to expertly manage all employee relations. Schedule a time to talk with one of our team members to help tackle the complexities of leave requests today.