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    How Your Employee Leave Policy Could Be Illegal


    You might have found yourself here because you’re trying to be the best H.R. professional that you can. You’re trying to ensure that the complicated realm of employee leave is fully compliant. But, that’s a tough job to be sure.
     
    If you’re missing any of the following, your company’s policy might not be fully compliant:
    1. The Title VII of the Civil Rights Act of 1964

      This is an essential piece of legislation for families since it has to do with maternity leave. If your company has more than 50 employees, this is an important piece that you need to make sure is part of the policy.

      Why? This is the Pregnancy Discrimination Act and almost half the country and D.C. have mandated that there needs to be a policy in place to ensure that pregnant women do not face discrimination.

      What to put into the policy: Language that provides clear details on how many weeks can be taken (whether that’s 4 weeks or 12 weeks or anything in between can vary based on state requirements, so it’s a good idea to check.

      Also, it can be helpful to include a policy about flexible work hours or flexible scheduling, with details about whether employees can work from home. This becomes especially important to align this policy in terms of the company’s values.

      Hint: Include policy details for all genders to avoid confusion and accidental gender discrimination.
    2. The FMLA: Family Medical Leave Act

      This legislation required that specific employees are eligible for family/medical leave and comes with specific criteria for which employees are actually covered. Generally, employees are eligible for up to 12 weeks of leave for specific reasons.

      Why? This is an important part of any leave policy. Make sure to provide details of this program to employees when necessary AND put it in your employee handbook to avoid confusion and remain compliant.

      What to put into the policy: Clarify requirements for coverage and not only the employee’s responsibilities, but also your responsibilities under the act. Borrowing language and re-phrasing the complicated parts from the legislation might be a clear way to set out this mutual agreement.
    3. ADA: Americans With Disabilities Act

      Requiring employers to provide reasonable accommodations for works with disabilities, this act is meant to allow workers of all kinds access to the accommodations that they need while at work.

      Why? It’s been made clear that “modify[ing] policies that limit the amount of leave employees can take when an employee needs additional leave as a reasonable accommodation” is what the Equal Employment Opportunity Commission declares to be best way to avoid future problems with compliance (and even future lawsuits).

      What to put into the policy: Details here are essential. The more specify, the better, especially when it comes to explaining that tricky word “reasonable.” The ADA specifically suggests language about the possibility of reassignment as an option should the issue arise. Plus, being absolutely clear that there are no repercussions or other resulting discipline will also help alleviate concern about both compliance and reassuring the employee.

    The major lesson to learn: Be kind.
    We’re working with humans here, and as an H.R. specialist, humans are in the job title. Communicating on top of these policies can only lead to both the company and the employee finding satisfaction. So here’s the lesson we’re promoting: Be human to one another.
     
    Then, once you’ve made sure that the proper policies are in place, check out the next thing you should splurge on: an automated system that manages those leave policies.

    Connect with us: LinkedInTwitter, and YouTubeDATABASICS is headquartered in Reston, VA.

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