An employee says, “I need some time away from work.”
What happens next can either strengthen your company’s credibility—or expose the business to a complaint, inconsistent treatment and unnecessary legal risk.
Employee leave requests are not always as simple as approving or denying a few days off. A request may involve the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act (PWFA), workers’ compensation, military leave, paid sick leave, or state and local requirements.
Before responding, business owners need to slow down and determine which obligations may apply.
Employees Do Not Have to Use Legal Language
An employee does not necessarily have to say, “I am requesting FMLA leave” or “I need an ADA accommodation.”
The employee might simply say:
- “I need surgery next month.”
- “My treatment schedule is changing.”
- “My mother can no longer care for herself.”
- “My doctor placed me on restrictions.”
- “I’m having complications with my pregnancy.”
- “I need additional time before I can return.”
- “My mental health is affecting my ability to work.”
Statements like these should alert the employer that the employee may need protected leave or another workplace accommodation.
Managers must be trained to recognize these conversations and escalate them promptly. A supervisor should never casually deny the request, promise approval, demand a diagnosis or tell the employee to resign.
Determine Which Laws Apply
Not every employer or employee qualifies for every leave protection. However, being too small for the FMLA does not automatically mean the business has no legal obligations.
The FMLA generally applies to covered employers and provides eligible employees with job-protected, unpaid leave for qualifying family and medical reasons. When an employer learns that leave may qualify, federal rules require specific eligibility and rights notices—generally within five business days. The U.S. Department of Labor explains these employer-notification requirements here.
An employee who is not eligible for FMLA leave may still qualify for leave or a modified schedule as a reasonable accommodation under the ADA. According to the EEOC, an employer may need to provide unpaid leave unless doing so would create an undue hardship. A rigid attendance policy does not erase that responsibility. The EEOC provides additional guidance on leave under the ADA here.
Leave may also be a reasonable accommodation under the Pregnant Workers Fairness Act for a known limitation related to pregnancy, childbirth or a related medical condition. Employers covered by the PWFA must consider reasonable accommodations unless they would create an undue hardship. Review the EEOC’s PWFA guidance here.
State and local laws may provide additional protections, sometimes for smaller employers or employees who do not qualify under federal law.
That is why “We don’t offer leave” is not a sufficient compliance strategy.
Follow a Consistent Leave-Request Process
Every leave request should move through a defined process.
1. Document the initial request
Record when the employee made the request, what information was provided and who received it. Do not add assumptions, opinions or unnecessary medical details.
2. Identify potentially applicable protections
Review the employee’s work location, employer size, length of service, hours worked, reason for leave and any applicable federal, state or local requirements.
3. Provide the required notices
If the request may qualify under the FMLA or another protected-leave program, provide the appropriate notices and forms within the required timeframe.
4. Request only appropriate documentation
Employers may be permitted to request supporting information in certain circumstances, but they should not demand complete medical records or information unrelated to the request.
Medical documentation should be handled confidentially and maintained separately from regular personnel records.
5. Consider reasonable accommodations
If a medical condition, disability, pregnancy-related limitation or return-to-work restriction is involved, determine whether the request triggers an interactive accommodation process.
Leave is not always the only solution. A temporary schedule change, intermittent leave, remote work, reassignment of minor duties or another effective adjustment may help the employee remain at work.
6. Communicate the decision clearly
Tell the employee whether the request is approved, denied or awaiting additional information. Explain expectations regarding call-in procedures, certification deadlines, benefit payments and communication during the leave.
Do not leave employees guessing.
7. Track the leave consistently
Maintain accurate records of dates, hours used, extensions, communications and expected return dates. This is especially important when leave is intermittent.
8. Prepare for the employee’s return
Before the return date, review any restrictions, fitness-for-duty requirements or accommodation needs. Do not automatically terminate an employee because the original leave period has ended without determining whether another obligation applies.
Avoid These Common Mistakes
Business owners create unnecessary exposure when they:
- Deny leave before reviewing the circumstances
- Treat the request as an attendance problem
- Apply policies differently to different employees
- Allow untrained supervisors to make leave decisions
- Ask for excessive medical information
- Share confidential information with coworkers
- Count protected leave against an employee
- Pressure the employee to return early
- Force a pregnant employee onto leave when another reasonable accommodation would allow the employee to work
- Automatically terminate an employee when available leave is exhausted
- Retaliate against an employee for requesting or using protected leave
One careless response can undermine years of work spent building trust with employees.
Your Policy Must Match Your Actual Practice
A leave policy in your handbook is only the beginning.
Your managers need to know what to do when a request is made. Your documentation must be accurate. Your decisions must be timely and consistent. Your company must also review changing federal, state and local requirements.
Credibility is not established by what your handbook promises.
Credibility is established by what your business does when an employee needs help, the situation is inconvenient and leadership is required to make a careful decision.
Before you approve, deny or ignore another employee leave request, make sure your process is protecting both the employee and the business.
Need help reviewing your leave policies, manager practices or compliance procedures?
Schedule your HR Discovery Call today here.
This article provides general HR information and is not legal advice. Employers should consult qualified employment counsel regarding specific legal questions or complex leave situations.