Leave Planning Questions for Growing Employers
A general overview of FMLA, accommodations, state leave programs, and PTO policy questions. Coverage and requirements vary.
Leave and accommodation requirements can depend on employer coverage, employee eligibility, work location, and individual circumstances. Use this overview to identify questions for official sources and qualified counsel, not as a determination of what applies.
Federal Family and Medical Leave Act (FMLA)
FMLA coverage and employee eligibility use separate employer- and employee-level tests. Check current U.S. Department of Labor guidance and qualified counsel to determine whether a specific employer or employee is covered.
Potential qualifying circumstances include certain family and medical needs and qualifying military-related exigencies. The leave type and whether it may be taken intermittently depend on the applicable rules and circumstances.
FMLA obligations and employee protections depend on coverage and facts. Employers should verify current notice, administration, and anti-retaliation requirements with official guidance and qualified counsel.
ADA and reasonable accommodations
ADA coverage and accommodation duties depend on the employer, employee, and circumstances. Possible accommodation options can include leave, but reasonableness and undue hardship require an individualized assessment under current law.
Accommodation discussions may involve fact-specific legal duties. Employers should review the individual circumstances with qualified counsel and follow current agency guidance rather than treating a general summary as a legal determination.
Do not assume a fixed leave duration or outcome from a general summary. Review the individual facts with qualified employment counsel and follow current agency guidance.
State and local paid leave laws
State and local paid-leave programs vary and change. Identify where employees work, then check current official state and local sources and consult qualified counsel about coverage and administration.
Designing your PTO policy
Rules for vacation, sick leave, accrual, carryover, and payout depend on jurisdiction and plan design. Have qualified counsel review policy language for each work location before relying on it.
Different leave models can affect administration and employee experience in different ways. Evaluate them with your workforce data and advisers rather than assuming a particular design will produce a specific result.
Document approved policy decisions and set a process for checking current requirements with qualified advisers.