Managing Employee Leaves: A Legal Primer

Abstract

Private employers have made various forms of leave available to their employees for decades. These various leaves were basically matters of employer policy, and the granting and administering of such leaves was, essentially, at the company's discretion. One of the earliest forms of statutorily required leave was “industrial leave” in which an employee was unable to work because of a work-related injury. In 1965, Title VII became effective. The discretion that employers previously enjoyed as to nonstatutory leaves became subject to the legal overlay of nondiscrimination. In 1990, the Americans with Disabilities Act became effective. Its regulations suggest that short-term/intermittent leave may be a job accommodation that an employer must grant. In 1993, the Family and Medical Leave Act became effective. It defines seven circumstances that constitute an employee's “serious health condition” and mandates that the eligible employee receive up to 12 weeks of leave in a 12-month period. This article discusses how the statutory forms of leave relate to one another and employer mechanisms for preventing employee leave abuse.