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HR Hot Topics |
Employee Leave
Employers give paid leave, such as vacation time, to employees to recharge their batteries and to deal with life's little downturns. In addition, you must grant leave under the Family and Medical Leave Act (FMLA) and workers' comp laws and possibly as an accommodation under the Americans with Disabilities Act (ADA). Related articles on Employee Leave Mandatory leaveIn addition to leave protected by the FMLA and ADA and similar state laws and workers' comp laws, employers also be required grant leave for military service under the Uniformed Services Employment and Reemployment Rights Act, and as a religious accommodation under Title VII of the Civil Rights Act of 1964. Some states also protect workers who need leave for the birth or adoption of a child. Sick leaveAlthough San Francisco is the only city that has passed legislation requiring mandatory sick leave, several states and Congress are considering similar measures. Jury duty/witness serviceState and federal law generally requires you to give employees leave when called to serve on a jury. Voluntary (nonmandatory) leaveEmployers also offer many types of leave that aren't required by law, although some may be required by a collective bargaining agreement. Nonmandatory types of leave include vacation, personal days, holidays, sick leave, maternity/adoption leave, disability leave, and paid time off. State leave lawsMany states have their own medical, pregnancy, childbirth, and military leave laws that may give employees more leave or apply to smaller or different employers than federal laws. Some states may even require paid leave in certain circumstances. It's also important to check your state laws regarding possible requirements to give employees time off for activities such as voting, donating an organ, and attending parent-teacher conferences. Don't forget about wage and hour lawsState and federal wage and hour laws may dictate how you have to deal with some issues regarding employee leave including whether or not unused leave is paid out when an employee leaves and whether employees can be given comp time instead of overtime. The federal Fair Labor Standards Act also addresses several situations in which an exempt employee misses work but doesn't have leave time.
Related articles on Employee Leave from the State Employment Law Letters
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