Managing employee leave can be one of the trickiest aspects of human resources—both for employees and employers. Between various types of leave (FMLA, ADA, ESST, MPPLA, personal time off, etc.), complex regulations, and the risk of potential legal claims, it’s no surprise that leave management is one of the most common areas where we are called in for legal advice.

At Eckberg Lammers, P.C., we guide organizations in developing clear, compliant processes and procedures that help them stay on top of leave requests, remain legally compliant, and protect their operations. In this post, we’ll break down the key areas where businesses need strong systems and why leave management should never be left to chance.

The Challenges of Leave Management

Leave management isn’t just about tracking days off—it involves navigating a labyrinth of legal obligations, balancing employee needs, and ensuring that company operations continue without disruption. Businesses must comply with federal and state laws, including:

• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid leave for qualifying employees due to serious health conditions, family care, or childbirth.
• Americans with Disabilities Act (ADA): Offers accommodations for employees with disabilities, which can include leave as an accommodation.
• State-Specific Leave Laws: Many states have their own leave laws, including paid sick leave or family leave, which add another layer of complexity. Minnesota has two state specific leave laws: Minnesota Pregnancy and Parental Leave Act (MPPLA) and Earned Sick and Safe Time (ESST). Wisconsin has one, Wisconsin FMLA.
• Paid Time Off (PTO): Different from statutory leaves, companies may have their own policies around vacation, sick leave, and personal days.

When organizations lack clear policies and procedures in place for handling leave, the risk of legal challenges, mismanagement, and employee dissatisfaction skyrockets. This is why we often get involved in helping businesses streamline their leave processes.

Why Clear Processes and Procedures Matter

A well-structured leave management system does not just ensure legal compliance—it also promotes fairness, consistency, and clarity. Here is why having robust processes in place is essential:

• Compliance with Laws: The laws governing leave, including FMLA, ADA, and state-specific regulations, are complicated and can change over time. Having a process ensures that every leave request is handled in line with the law.
• Consistency in Application: A lack of clear procedures can lead to inconsistent decisions. Employees might perceive favoritism or unfair treatment if leave requests are handled differently from one person to the next. Clear policies reduce the likelihood of this.
• Reduced Legal Risk: Incorrectly denying a legitimate leave request or mismanaging an accommodation can expose a business to discrimination or retaliation claims. With a clear process, companies are better positioned to defend their decisions in case of a dispute.
• Employee Satisfaction: When employees know exactly what to expect from their leave process—and know that everyone is held to the same standards—they are more likely to feel supported and valued.

How to Recognize When Leave Laws Are Triggered

An important aspect of managing leave is knowing when leave laws are triggered—because employees do not always use “magic words” like “FMLA” or “ADA” to request leave. Employees may not always explicitly state that they are requesting leave under these specific laws, but the Courts are clear that it is an organizations responsibility to recognize when these laws apply.

Here are a few common scenarios where leave laws might be triggered, even if the employee does not mention a specific statute:

1. Medical Concerns: If an employee mentions a serious health issue, like a surgery or hospitalization, it could trigger FMLA or ADA protections, even if the employee does not specifically request FMLA leave.
2. Family or Caregiving Needs: If an employee tells you they need time off to care for a sick family member or to bond with a newborn, this could trigger both FMLA and potentially state-specific family leave laws.
3. Disability Accommodation Requests: If an employee asks for extended leave as a reasonable accommodation for a disability, this could trigger protections under the ADA—even if the employee doesn’t use the word “accommodation.” Be proactive and ask clarifying questions if there’s any doubt about the employee’s needs. I often see employers that believe that when FMLA has been exhausted that an employee must immediately come back- those employers are failing to recognize that an employee could be entitled to continued leave under the ADA.
4. Intermittent Leave or Reduced Schedule Requests: An employee requesting intermittent leave or a reduced schedule due to ongoing medical treatments or mental health concerns could indicate a request for leave under FMLA or ADA. If this request isn’t handled properly, it could lead to compliance issues.

Key Steps for Identifying Leave Requests:

• Any time that an organization receives a request for time off relating to a medical need that is not something like a short term cold or routine doctor appointment, they should consider consulting with HR as a first step. In the absence of HR, with legal counsel. As you will learn in Week 7 of this series, there is no time too soon to reach out to HR or legal counsel.
• Carefully ask questions to vague requests:  If an employee requests time off for personal reasons, ask clarifying questions to determine if the time off could be covered by federal or state leave laws. In Minnesota, even with ESST, you can ask an employee: “is this request for a qualifying ESST reason?” And the inquiry should end there, unless the leave is longer term and FMLA may apply. In Wisconsin, employers have more latitude to ask about particular instances of medical leave, but still need to be cautious as asking inappropriate questions under the ADA could lead to liability exposure. This is why it is best to let HR lead and/or an employment attorney quietly advise through these matters.
• Document Requests Clearly: Ensure that every leave request is documented clearly, noting the reason for the leave, the employee’s stated needs, and any applicable laws. This helps ensure your decision-making is based on solid information and can protect you in case of a dispute.
• Create a Clear Leave Request Form: Having a structured leave request form that includes questions about medical conditions or reasons for leave can help make it easier for employers to recognize when leave laws apply. Remember though, you cannot fail to follow applicable laws simply because an employee failed to complete a request form.

Key Elements of an Effective Leave Management System

While every organization is unique, there are several key elements that every leave management process should include. If you are in Minnesota, this process is far more regulated, so employers should use caution:

1. Clear Leave Policies: Ensure that employees understand the different types of leave available to them (e.g., FMLA, personal time off, sick leave, etc.) and how they accrue or qualify for them. Your employee handbook should provide this information clearly, so there are no surprises down the line. See the first article in this series that talks more about the importance of a well-drafted handbook.
2. Structured Request Process: Establish a standardized process for employees to request leave that falls outside of applicable laws . This might include a specific form, notice period requirements, and documentation (such as medical certification for FMLA leave). Having this in place helps avoid confusion and ensures employees understand what’s required to make a valid request.
3. Communication & Documentation: Proper communication is key to leave management. When employees request leave, it’s important to communicate your expectations clearly. Document every step of the process, including the request, any interactions, and the final approval or denial. This documentation can serve as evidence should a dispute arise.
4. Tracking and Monitoring: Develop a system for tracking employee leave balances, approvals, and absences. This ensures that employees are not taking more leave than they are entitled to and helps avoid gaps in staffing. It also provides a quick reference point when employees inquire about their leave status.
5. Interactive Process for ADA and Other Accommodations: Under the ADA, employers are required to engage in an “interactive process” with employees who request accommodations, including extended leave. This requires ongoing communication between HR, the employee, and potentially medical professionals to ensure that the employee’s needs are met, and the company is not placed at undue hardship. The ADA is so complicated that I highly recommend that organizations seek counsel to ensure that they understand the long and short term implications of the process and accommodations that may be granted and/or not granted.
6. Regular Policy Reviews: Leave laws can change. Federal and state regulations, as well as company policies, should be reviewed regularly to ensure compliance. This might also involve periodic training for HR staff to stay up-to-date on best practices and legal requirements. The importance of training was covered in Week 5 of this series.

Why Legal Guidance Can Help

Navigating the complexities of leave management can be overwhelming, and small mistakes can have big consequences. Whether it’s determining whether an employee is eligible for FMLA leave, how to handle an ADA accommodation request, or how to track paid time off, legal counsel can provide invaluable guidance.

I frequently assist organizations by:

• Reviewing or drafting leave policies that are legally compliant and reflect the company’s unique needs
• Providing training for HR professionals to help them confidently manage leave requests
• Advising on tricky situations, such as overlapping FMLA and ADA claims, or when to deny a leave request based on business needs

In many cases, businesses find it helpful to have legal advice behind the scenes, ensuring they stay on the right side of the law while maintaining control over the process. Some of my favorite advising is working behind the scenes and to be proactive in avoiding costly legal mistakes. This is a precursor to next weeks session on the importance of acting timely.

Conclusion: Streamlining Your Leave Management Process

Leave management doesn’t have to be a headache. With the right processes in place, your company can handle requests efficiently, fairly, and in full compliance with the law. But when it comes to complex leave situations or ensuring that your system is up to date, legal support is a crucial part of the puzzle.

At Eckberg Lammers, P.C., we help businesses create customized leave management systems that mitigate risk and support operational success. If you’re unsure where to start or how to update your existing procedures, let’s talk. Similarly, if you are going through a difficult leave scenario that perhaps involves other laws such as Worker’s Compensation, a disability, alleged harassment, prior claims of improper practices, or any other protected class status, reach out on the front end. The more proactive and strategic you are, the less likelihood there is for legal liability.

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