Building a Leave Management Process
- 1Identify all applicable leave laws — federal (FMLA, USERRA, ADA) and state
- 2Develop a written leave policy that addresses all applicable laws
- 3Train HR staff on leave law requirements and the leave management process
- 4Implement a leave tracking system to document leave requests, approvals, and return-to-work dates
- 5Coordinate leave with health plan continuation, COBRA, and payroll
- 6Conduct annual leave law audits to identify compliance gaps
Intermittent Leave: The Administrative Challenge
Intermittent FMLA leave — leave taken in separate blocks of time or by reducing the normal work schedule — is the most administratively complex leave type. Employees can take intermittent leave for a serious health condition without providing advance notice in many cases. Tracking intermittent leave accurately is essential for compliance and for managing attendance.
The ADA Intersection
IQ Insight
The ADA and FMLA often overlap. An employee with a serious health condition that qualifies for FMLA leave may also have a disability under the ADA. When FMLA leave is exhausted, the ADA may require the employer to provide additional leave as a reasonable accommodation. Employers who terminate employees immediately upon FMLA exhaustion without considering ADA obligations face significant litigation risk.