My Employee Just... Declared They're Taking 8 Weeks of Leave

As HR Guy, my team and I get asked all types of HR questions. These conversations usually start with the phrase "my employee just..." and then the business owner dives into whatever issue is weighing them down. From serious legal concerns to bizarre never-before-seen scenarios, we handle it all!

Today we'll tackle the topic My employee just... declared they're taking 8 weeks of leave for family reasons.

Pause and ask yourself: What would you do in this situation?

Well, there's not a once-size-fits all answer! Here are a few things to keep in mind while working through this scenario:

1. “Declaring” vs Requesting. Even when an employee is eligible for protected leave (FMLA or State equivalent), there are still expectations and processes to appropriately request time off to allow employers to make necessary adjustments to their workflow.

2. Legal Requirements. Does the requested time off provide job protection, if approved? FMLA applies if companies that have more than 50 employees AND the employee has worked there for more than a year. Many States have additional coverage that changes the criteria, so it is CRITICAL to understand your specific requirements.

3. Perception = Reality! Even if the employee doesn't qualify for protected leave, consider the precedent you're setting before deciding how to handle the request. If you make different choices for employees in similar circumstances (like allowing something for Employee A, your best and most loyal worker, but not for lazy problematic Employee B), you may someday be staring at a discrimination or wrongful termination lawsuit. Then there is the impact on morale for the rest of the team if they see management kick out team members who need time off for personal issues.

4. Managing Work While Down an Employee. Whether it's legally required or you choose to approve the leave of absence voluntarily, the time off becomes protected. As such, anyone you hire to fill the gap needs to be temporary by default, unless you can support the extra employee or choose to terminate someone else to make room for them when the first employee returns. Do not play games with this.

No matter what the nature of the leave of absence (FMLA, Personal, Work Comp), you need to set expectations to communicate the date of expected return, as well as how any employee contributions to benefits are going to be covered.

Hope this helps.