HR Support on Employee Time Off Policies

Editor's Note: Consider all forms of time off and apply policies consistently.

Melissa S. BurdorfOverview: Employers must be careful in administering and managing the various forms of an employee's time off from work. Some forms of time off may be legally required by certain employers - such as Family and Medical Leave Act (FMLA) leave. Others forms of time off - such as paid time off (PTO) or bereavement leave - may be voluntarily offered by the employer. Employers must always consider what types of leave they are required to offer under the law and in accordance with their policies - and in what situations. Most importantly, employers must apply all policies in a consistent and uniform manner.

When employers create leave policies or documents relating to time off, the employer should consider which employees will be eligible for the particular leaves (i.e., part-time versus full-time), the terms of the specific leave and the process for requesting leave. Employers should consider offering certain forms of time off, such as paid time off, to allow their employees to get some down time and to assist in recruitment and retention.

Whether time off is legally required or voluntarily provided, all forms of time off (or leave) should be carefully tracked and documented. Supervisors and managers should be properly trained on the various forms of time off so they know how to apply the policies or practices properly and when to reach out to HR. Larger multistate employers should consider adopting uniform time off policies across all states to ease the administrative burdens and create a more unified company culture.

Trends: Paid time off is generally not required by federal law. Some states, however (such as Connecticut), and certain municipalities (such as Seattle and Philadelphia) require paid sick leave for certain eligible employees. Similar legislation is spreading in other jurisdictions.

Author: Melissa S. Burdorf, JD, Legal Editor

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