Introduction to Small Businesses Managing Leaves of Absence – Part II
As we discussed in Part I, the thought of any team member’s absence can seem stressful and overwhelming to your business operations. Small businesses are typically exempt from Family Medical Leave Act (FMLA), but you can still be liable for discrimination claims if employee leaves of absence (LOAs) are not managed fairly. We continue our seven strategies for managing LOAs, red flags to look for, and a sample leave request policy.
7 Strategies for Managing Leaves of Absence Continued
5. Plan for Coverage
Employee absences can strain a small business due to operating with a lean team. Be proactive as quickly as possible in creating a contingency plan to minimize disruption in anticipation of an employee who may take leave.
Action Steps:
Cross-train employees to handle multiple roles before the employee leaves.
Refrain from stop-gap scenarios, such as one employee serving as a sole administrator or being the only with access to login information without an Standard Operating Procedure (SOP).
Consider hiring temporary staff or contractors.
Reassess priorities to focus on critical operations during the leave period.
Do not bother the employee with work questions or discussions while they are on leave, or they may claim they were forced to work while on leave.
6. Maintain Documentation
Proper documentation can protect your business in case of disputes or compliance audits.
Action Step: Keep detailed records of all leave-related communications and documentation, including:
The employee’s leave request.
Medical certifications or supporting documents from medical professionals, if applicable.
Records of leave approvals, start and return dates, any accommodations made, and return-to-work timeline.
7. Seek Professional Help
Navigating leave requests can be complex, and mistakes can lead to legal or reputational risks, even if you are not required to abide by the FMLA. Don’t hesitate to seek advice from CPR to ensure your policies and practices are compliant and fair.
Action Step: For complex leave situations, potential discrimination concerns, unclear legal obligations, or significant business impact, contact CPR for personalized support.
Red Flags to Watch
Granting employees leaves of absence can be a tough process, especially if the employee begins abusing your policies. It’s best to contact us if your business experiences any of the following red flags:
Frequent or prolonged leaves with or without medical certification of the leaves.
Employee exhaustion of granted eligible leave.
Lack of communication with the employee at any time in the process.
Inconsistent or unclear medical documentation.
Performance issues upon employee’s return from leave.
Sample Leave Request Process
In the event that you find yourself managing an employee’s leave of absence, you can follow this step-by-step leave request process.
Employee makes a verbal request for a leave of absence.
Employee submits written request for a leave of absence.
You confirm leave eligibility. If not eligible, you communicate in writing. If eligible, continue with the remaining steps.
You provide employee with the necessary paperwork to complete along with a return deadline. It’s best to use the FMLA provided paperwork that can be found here.
Review documentation from the employee and medical professional and decide if the leave is approved.
Once leave is approved/denied, send something in writing to the employee disclosing so.
Discuss return-to-work expectations with the employee.
NOTE: Limit communication with the employee on leave as they get better and to reduce anxiety from the employee to feel as if they must return to work before they are medically cleared.
Contact the employee a week before their scheduled return to confirm their return-to-work date.
Prepare for the employee's return and welcome them back.
Final Thoughts
Even without FMLA, small business owners can successfully manage LOAs proactively ensuring your business runs smoothly while supporting your employees during challenging times. By taking the time to prepare now, you can handle future legally mandated leave requests, creating a win-win situation for both your business and your team.
Need help developing your leave of absence strategy? Contact us for a consultation tailored to your small business needs.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
