Navigating the Murky Waters of Sabbaticals and Unpaid Leave
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Gain a better understanding of unpaid leave and define consistent requirements and procedures.
Many employers and human resources professionals are confused and intimidated by the many types of unpaid leaves, some of which are mandated by law, and some of which are simply employee retention tools. To make matters worse, employers who do not implement policies which establish clear eligibility requirements for leaves often find themselves in a legal battle over something that could have been prevented with proper planning. This topic will assist employers and human resources professionals to understand the different types of unpaid leave, establish and draft clear policies with eligibility requirements (where not already set forth by law), and understand the procedures that are either required or advisable with respect to each type of unpaid leave. This information is critical for employers and human resources professionals so they can establish consistent requirements, policies and procedures related to leaves, communicate the same to their employees and avoid costly settlements and/or litigation.
AuthorsEmilie K. Elliott, Carmel & Naccasha, LLP
• What Types of Unpaid Leave Are There?
• Short History
• Are They Really Vacation Time?
• Implementing a Policy
- Length of Employment
- Length of Sabbatical and Interaction With Other Policies
• Must Apply in a Nondiscriminatory Manner
• Do Not Have to Pay out on Termination (If Set up Appropriately)
Other Types of Unpaid Leave
• Non-FMLA Medical
For Each Type of Leave:
• Is a Request Required?
• Is a Certification Required?
• Pay Status
• Job Restoration and Notice Requirements
• Employee Benefits While on Leave
• Discipline for Activities During Leave
Sample Policies and Forms