Employer leave of absence agreement

Choose the leave record

• General leave terms
• Medical or family FMLA review
• Medical accommodation
• Military service
• Parental or bonding leave
• Personal or educational leave
• Safe leave

Medical accommodation and staying at work

Record an oral or written request and the actual discussion. An agreed schedule, workstation change or finite extension can be documented without calling a missed deadline or a job elimination a resignation. Consider ongoing work and separate leave options. For a pregnancy-related limitation, an employer cannot require leave if another reasonable accommodation can be provided. Send necessary supporting information to a confidential channel and share restrictions with managers. Review state and local law separately.

Employer coverage and employee eligibility

Check the employer’s category and workforce history, the employee’s service and the applicable worksite. Private employers ordinarily need at least 50 employees in 20 or more workweeks in the current or preceding calendar year. Public agencies and elementary or secondary schools have different employer coverage rules. The employee’s 50-within-75-surface-miles test is separate. For telework and mobile work, identify the reporting or assigning office. Check the special flight crew hours tests, service credits, federal employment and school or joint employment where applicable.

Separate the two notice deadlines

The eligibility and rights process generally begins when the employer learns leave might qualify. The designation notice generally follows within five business days after the employer has sufficient information to determine whether the leave qualifies, absent extenuating circumstances. Track both deadlines and actual delivery. DOL forms WH-381 and WH-382 are optional formats. A compliant equivalent can be used. Record qualifying retroactive designation separately, including the notice and no-injury determination or mutual agreement.

Record benefit and return arrangements

For a protected period, enrolled employees ordinarily keep group health coverage on the same terms and can return to the same or an equivalent position. Document the usual employee share of premiums and the actual terms. A return certification depends on the employee’s condition, policy and advance notice. Record the employer’s agreement for an intermittent bonding schedule and check separate state, local and contractual protections.