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Federal

Authors: Christopher K. Ramsey and Sarah Andrews, Morgan, Lewis & Bockius, LLP

Summary

  • When developing leave policies, employers should consider which portion of its employees are eligible for certain leave benefits (i.e., part-time versus full-time). See Employee Eligibility for Leave Benefits.
  • Employers should be cautious of extending leave benefits to independent contractors because offering benefits that are traditionally reserved for employees can be used to challenge their classification as an independent contractor. See Employee Eligibility for Leave Benefits.
  • An employer's leave policies should address the terms of a specific leave policy and the process an employee needs to follow when requesting leave. See Notice/Process for Employees Requesting Leave.
  • An employer's leave policies should also specify what forms of documentation, if any, employees must provide before going on leave or when returning from leave. See Documentation.
  • An employer's leave policies are subject to various federal and state laws (e.g., Family and Medical Leave Act, Americans with Disabilities Act as amended). Employers should cater their leave policies to the law that creates the greatest degree of protection to employees. See Interplay Between Employer Policies, Other Leave Laws and the ADA.
  • There are many different types of leaves addressed by the various state laws, or commonly granted by an employer. Some examples are paid sick leave, bereavement leave and religious leave. See Types of Leave Addressed by State Law or Commonly Granted as a Benefit of Employment.
  • Employers must always be cognizant of the risk of legal claims for interference, retaliation and discrimination under federal, state and local law when administering any type of leave. The best way to reduce risk is to ensure that all policies are followed in a consistent manner across the organization. See Prohibited Actions.

State Requirements

The following states have additional requirements for this topic under applicable state law.