By: Matthew Scully

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining operational continuity, employers must navigate leave issues with care, consistency, and legal awareness.

This article provides a high-level overview of key leave laws and best practices for managing employee absences in a compliant and fair manner.

Understanding the Legal Framework

Several laws govern employee leave and accommodations, often overlapping in their application. Employers must be aware of their obligations under each to avoid legal risks and support employee well-being.

Americans with Disabilities Act (“ADA”)

The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities, unless doing so causes undue hardship. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Accommodations may include modifications to work schedules, job duties, or even unpaid leave. Employers must engage in an interactive dialogue when a need for accommodation is known or communicated—formally or informally.

Family and Medical Leave Act (“FMLA”)

FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, including their own serious health condition. To qualify, an employee must have worked at least 1,250 hours over the past 12 months for an employer with 50 or more employees within a 75-mile radius. Family Medical Leave may be taken in specific increments or in continuous blocks depending on the completed medical certification. FMLA may run concurrently with other leave entitlements, such as company paid leave policies, workers’ compensation, the PWFA or the ADA.

Pregnant Workers Fairness Act (“PWFA”)

The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions—even if these conditions don’t meet the ADA’s definition of disability. Conditions covered include complications from pregnancy, labor and delivery, and other related medical needs. Accommodations may include more frequent breaks, modified work schedules, light duty or remote work.  While leave can be an accommodation, employers may not require leave if other accommodations are available.

Workers’ Compensation (“WC”)

Employees injured in the course of employment may qualify for WC benefits, including job protected time off, medical treatment and wage replacement. If the injury also qualifies as a serious health condition or a disability, the employee may have additional rights under the FMLA or ADA, and at the conclusion of WC benefits, the employer may be required to offer a reasonable accommodation under the ADA if the injury constitutes a disability or additional leave under the FMLA.

Short- and Long-Term Disability (“STD/LTD”)

Employers are not required to offer STD or LTD benefits, but many choose to do so. These plans provide income replacement for employees who are unable to work due to illness or injury. However, STD/LTD leave is not job-protected. Policies vary widely in terms of benefit duration, coverage, and waiting periods.

Paid Time Off (“PTO”) and General Leave Policies

Most states do not mandate PTO, but employers who offer it must follow applicable state laws on accrual and payout. Employers may generally require employees to use PTO during ADA or FMLA leave.

Best Practices in Leave Management

To effectively manage leave while remaining compliant and fair, healthcare entities should consider the following best practices:

What to Do:

• Ensure job descriptions accurately reflect essential functions.
• Engage in timely and interactive communication regarding accommodation and leave requests, including following FML guidelines.
• Maintain clear and consistent documentation of performance issues and leave discussions.
• Train supervisors to recognize potential triggers for legal protections.
• Respond promptly and consistently when leave or accommodations are requested.

What to Avoid:

• Disclosing employee medical information to unauthorized parties.
• Making assumptions about an employee’s condition or limitations.
• Failing to consider all applicable laws when addressing leave issues.
• Ignoring informal or ambiguous requests for accommodations.
• Penalizing employees for protected absences under FMLA, ADA, or other applicable laws.
• Linking medical conditions to performance without proper documentation or process.    

Conclusion

Effective leave management requires more than policy enforcement—it demands an informed, thoughtful approach that respects both employee rights and business needs. By understanding the legal requirements and committing to best practices, employers can minimize risk, support workplace morale, and ensure fair treatment for all team members.

Matthew Scully is a Partner at Burr & Forman LLP practicing in the firm’s Labor & Employment Practice Group. Matt may be reached at (205) 458-5321 or mscully@burr.com.