About Leave And Absence Management Training

What Is A Leave Of Absence?

For HR purposes, a "leave of absence" is a period of time that someone will be away from their job while maintaining the status of employee.

Leaves of absence generally are taken due to the employee's own - or family's - medical issue, such as a birth or disability. Many leaves are often unpaid, and are often governed by FMLA, ADA, or other state and federal laws.

Employer Requirements For A Leave Of Absence

There are several laws that affect disability leave, aka absence management, including the ADA, FMLA, and Workers' Compensation. Employers must know their compliance responsibilities for these federal laws, as well as the similar state-specific laws.

Employers must know the specifics of each, including requirements for Reasonable Accommodations, Medical Certification, Intermittent Leave, Return-To-work, pregnancy, and more.

Essentially, employers must know and be able to properly administer:

• The legally-mandated federal and state requirements for laws such as FMLA and ADA
• The definition of a disability under the Americans with Disabilities Act
• When is a condition not a disability
• How much disability leave employees may take under different circumstances
• The processes and procedures for requesting various leaves
• What to do when the employee does not mention she or he has a disability even though you see clear performance problems related to physical and/or mental limitations
• How to approach an employee with a suspected disability without being accused of harassment or risk being sued for disability discrimination
• What to do when you want to discipline and employee who mentions that the work problems are related to a disability
• How to conduct an interactive meeting with the employee
• When can you stop an accommodation
• Whether the employer wants to offer disability insurance
• If offered, for when and how long would insurance or income replacement benefits be available
• When an employee who suffers a workplace-related injury or illness that results in a disability may receive workers' compensation benefits

As if this isn't enough, while the disability, leave, or absence management laws for FMLA, ADA, COBRA, and Workers' Compensation are difficult enough to administer independently, employers must determine which rule or law takes precedence over another.

What Are The Key Components Of Administering Employee Leave Management?

Administering employee leave management involves several key components to ensure smooth operation and compliance with federal and state legal requirements, as well as the company's goals. Here are the key components:

• Creating And Administering Leave Policies:
  Establish clear and comprehensive leave policies outlining types of leave (e.g., vacation, sick, maternity/paternity, bereavement), eligibility criteria, accrual rates, approval processes, and documentation requirements.


• Utilizing A Leave Tracking System:
  Implement a leave tracking system to accurately record employees' leave balances, requests, approvals, and usage history. This could be done manually, through spreadsheets, or by using dedicated leave management software.


• Employee Awareness and Communication:
  Ensure employees are aware of the leave policies, procedures, and entitlements. Communicate any updates or changes to the policies in a timely and transparent manner.


• Leave Request Process:
  Establish a formal process for employees to request leave, which may involve submitting requests through an online portal, email, or paper forms. Specify timelines for submitting requests and designate appropriate personnel for reviewing and approving leave requests.


• Documentation and Record Keeping:
  Require employees to provide appropriate documentation (e.g., medical certificates, family event invitations) when requesting certain types of leave. Maintain accurate records of approved leave requests, balances, and usage for each employee.


• Integration with Payroll and HR Systems:
  Integrate leave management systems with payroll and HR systems to streamline processes such as tracking leave usage for payroll purposes, updating employee records with leave balances, and syncing leave-related data across different systems.


• Training and Support:
  Provide training and support to managers and employees on how to effectively navigate the leave management process, including understanding leave policies, using the leave tracking system, and resolving any issues or disputes that may arise.

By effectively managing these key components, organizations can ensure efficient administration of employee leave while promoting fairness, compliance, and employee well-being.

What Are The Most Common Errors Of Employee Leave Management?

Employee leave management can be a complex process prone to errors. Here are some of the most frequent errors that you should be aware of, and that our Leave Management training courses can help you avoid:

• Inaccurate Tracking:
  Manual tracking of employee leave can lead to errors such as miscalculating accrued leave balances, overlooking approved leave requests, or failing to account for different types of leave (e.g., sick leave, vacation, personal leave).


• Poor Record-Keeping:
  Inadequate record-keeping practices can make it difficult to track employee leave history, resolve disputes, or provide documentation for audits or legal purposes.


• Ignoring Employee Needs:
  Failing to accommodate legitimate employee leave requests or denying reasonable accommodations for medical or family-related leave can lead to dissatisfaction, reduced morale, and potential legal liabilities.
  
  and of course...


• Failure to Comply with Legal Requirements/Integrating The Various Laws:
  Ignorance or negligence regarding legal requirements related to employee leave, such as those outlined in employment contracts or labor laws such as the Family and Medical Leave Act (FMLA), ADA, and COBRA requirements - especially when the overlap - can result in legal consequences for the organization.


• Inconsistent Application of Policies:
  Even if you correctly integrate the various leave laws, failure to have - or consistently apply leave policies - can result in discrimination. It's essential to ensure that policies are correctly written (make sure to have your legal counsel review them!), and then applied uniformly to all employees.

Addressing these common errors requires proactive measures such as implementing clear policies, providing comprehensive training, investing in robust leave management systems, and ensuring compliance with legal requirements. Regular reviews and updates of leave policies and procedures are also essential to adapt to changing organizational needs and regulatory frameworks.

Find Disability, Leave, And Absence Management Training Courses

HRTrainingCenter.com offers valuable disability, leave, and absence management training courses, including help understanding:

• ADA requirements
• The FMLA and other leave management regulations
• Leave management administration
• Your FMLA and leave management compliance responsibilities and requirements
• Workers' Compensation requirements
• How to integrate FMLA, ADA, COBRA, And Workers' Compensation

Listed below are some of our most-popular leave management training courses. Either select on of these recommended courses or select either "ADA" or "FMLA" from the "Professional Development" section of the search box below.