Employers, don’t get left behind on your leave policy

Creating informative and useful employee policies can help guide workplace relationships. Among the tough areas that employers encounter are leave policies.

The Equal Employment Opportunity Commission has some guidance, though, that can assist employers in assessing these issues.

The commission, known as the EEOC, is the federal agency responsible for enforcing various federal laws that deal with employment discrimination, including Title VII of the Civil Rights Act of 1964. The commission has various resources that are targeted to help businesses better comply with the laws. So when employers are asking themselves what to do, here is what the EEOC suggests.

First, the EEOC recommends that employers “explain the circumstances under which leave is available, the eligibility requirements for leave, the procedures for requesting leave, and the respective responsibilities of the business and the employee during and after the leave period.”

Next, the EEOC explains that for employers covered by the requisite federal laws, employers should “clarify that (they) will provide leave to employees who need it for medical or religious reasons, as required by law. The EEOC notes that “you may be required to provide medical or religious leave even if you do not have a leave policy, the employee requesting leave has not earned enough leave, or the employee has exhausted her leave.”

Among other things, the EEOC also recommends that employers “consider recommending that a manager meet with the employee requesting leave and the employee's manager if necessary to clarify the leave request or to solicit other relevant information.” Managers should respond promptly to leave requests, and it can be helpful to train them to seek advice and guidance from human resources in responding to leave requests.

Finally, the EEOC reminds employers that they should “require that managers keep genetic information or medical information received” as a result of a leave request confidential and in a separate medical file.

Having a successful leave policy and clear communications with your employees about leave will make it easier to navigate these difficult issues at a later date.

If you have any questions about this or other employment practices, please contact the attorney of your choice.