Written by Lee Ann Young
Bet that title really grabbed you and you said, I have to sit down and read this, Leave of Absences are so interesting, I can’t get enough, LOL! OK, let’s start at the beginning, NOBODY wakes up and says, “I think I want to be sick or injured for an extended period of time today.”
And then, Oh NO! The employee, or in some cases their family member, is sick or injured and the employee tells you they need to step away from work for a period of time. What is an employer to do?
The first thing to remember is that they are people first and employees second, and some of them from time to time will need to step away from work, and we are grateful it is not us.
The second thing to know is that the LOA becomes an “interactive dialogue” or “ongoing communication” between the employer and the employee after the topic is brought up.
Thirdly, I wish this could be a black and white article and tell you the exact steps to take when administering any type of LOA, but the process contains more gray areas than most HR Professionals would like to count, so here we go…
Leave of Absence (LOA) laws offer essential benefits to both employees and employers and some key advantages are:
- Employee Well-being: LOA laws allow employees to take time off for personal, medical, or family reasons without fear of losing their jobs while promoting mental and physical health.
- Job Security: Laws like the Family and Medical Leave Act (FMLA), and Maryland Sick and Safe Leave ensure employees are guaranteed job protections during their absence.
- Retention and Recruitment: Employers offering voluntary leave policies can attract and retain talent by showing they care about their employees’ needs.
- Compliance: Adhering to LOA laws helps employers avoid legal issues and ensures fair treatment of employees.
LOA Law Basics
Family Medical Leave – FMLA: For 50+ employee groups, provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. FYI, having multiple sites within 75 miles as the crow flies can increase your odds of having to comply with FMLA.
Maryland Sick and Safe Leave: Requires most Maryland employers to provide either paid or unpaid leave for certain health and safety needs.
Americans with Disabilities Amendments Act – ADAAA: For 15+ employee groups, prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
Now that we are acquainted with the laws, let’s see how they could interact:
- Maryland Sick and Safe Leave & FMLA: If an employee qualifies for both, they can use earned sick leave under Maryland’s law before or in addition to taking FMLA leave. Maryland’s sick leave is typically paid (for businesses with 15+ employees), while FMLA leave is unpaid.
- FMLA & ADA: The FMLA covers temporary conditions (such as recovery from surgery), while the ADA covers long-term disabilities. If an employee’s condition qualifies as a disability under the ADA, the employer must explore reasonable accommodations which might include additional leave beyond FMLA’s 12 weeks.
- Maryland Sick and Safe Leave & ADA: If an employee has a disability that requires intermittent leave, they may use Maryland Sick and Safe leave for qualifying reasons, but they may also be entitled to additional accommodations under the ADA, such as flexible work hours or remote work.
In addition to the laws that need to be adhered to, I highly recommend to my clients the importance of assisting employees voluntarily when the need arises, including:
- Recommending that small employers not covered under FMLA offer at minimum a 30-day unpaid leave of absence policy to their group.
- Employers can offer either company or employee paid short term disability that will pay up to 66% of the employees’ wages while out of work due to their own sickness or injury.
Years ago, I received short term disability due to an injury, and because I could pay my bills while I was not able to be at work was a game-changer. If you don’t insure your income, what else is there? I can’t emphasize enough the importance of short-term disability.
Employees tend to stay with companies that offer Leave of Absence (LOA) because it infers a supportive work culture. Companies that prioritize employee well-being create a positive environment making the employees feel valued, especially during critical life events.
