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Managing Employee Leave under the ADAAA and FMLA
Managing employee leave has become a persistent and growing challenge at many companies. Multiple instances of leave suddenly needed by seemingly healthy employees can easily frustrate and overwhelm an employer. Often, once one employee starts “abusing the system,” other employees soon follow suit. In the end, it is not unusual for an employer to have more than half of its employees in one department using some form of “protected” leave.
Protected absences can come in many forms. The most recognizable are the large blocks of continuous leave needed for a medical condition. More complicated are the one- or two-day absences three weeks apart, or when an employee periodically reports to work late. Each of these situations may be covered by the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and even state leave laws.
For years, the FMLA has been the source of headaches for employers. Under it, employers with 50 or more employees must provide certain employees with up to 12 weeks of leave per 12-month period for certain conditions.
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