CR Fletcher

2010 Greater Syracuse Business of the Year
C.R. Fletcher Associates, Inc.
Certified NYS Women-Owned Business Enterprise (MWBE)

Taking a “Leave”? Leave Requirements – By: Marielle Lanoir, PHR

Yes, there are many reasons an employee may want to take a leave of absence.  Some employees may unexpectedly fall ill, others may need a few weeks to take away to care for an elderly parent, some may simply need to step away from their desk for a day to take care of some personal matters.  However, employers should keep in mind that some leave of absence’s may be required, whereas others are not.

Here are 4 common leave of absence reasons and their requirements:

1.) Family Medical Leave Act:  FMLA is one of the most recognized reasons for a leave to occur.  Most employees at one time or another have heard the term FMLA used in their workplace.  Three key points to remember with FMLA are as follows:

* Employees are eligible for FMLA if they have worked for their employer at least 12   months, at least 1,250 hours over the past 12 months. Employees eligible for FLMA are entitled to up to 12 weeks of unpaid leave for a serious health condition, a family member’s serious health condition, the birth or adoption of a child, or certain select family military situations. FMLA covers employers with 50 or more employees, where the company has said amount of employees within 75 miles.

2.) Pregnancy Leave:  Though New York State does not currently have a maternity leave law currently in place, many workers are entitled to request up to 12 weeks of unpaid leave, per year, to care for a newborn child.  This is provided through Family Medical Leave Act.

3.) Military Leave:  Military Leave is regulated through the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Members of the state military forces called up by members of U.S. Uniformed Services are entitled to unpaid leave for active service, reserve drills, annual training, service school or active duty training.  However, please check with your states Military Law guidelines, as states may vary in their policies and time length requirements.

4.) Voting Leave:  Requirements vary state by state.  Within New York State’s Voting Leave Law, “if a registered voter does not have sufficient time outside of his working hours, within which to vote at any election, he may, without loss of pay for up to two hours, take off so much working time as will, when added to his voting time outside his working hours, enable him to vote.”

Both New York State Department of Labor and United States Department of Labor offer assistance through their websites for other various “leave” requirements, should you have additional questions!

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