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Employees often cite their own or a family member’s health condition as the reason for frequent or prolonged absences from work. This checklist provides guidance on the benefits available for health-related absences. It is a list of basic employer-provided plans and state and federally mandated health-related leave laws. An employer or a state may have additional provisions. For definitive advice regarding health-related absences, you are encouraged to consult with your labor/employment attorney.
Employer Policy/Practice of Plan
Employee eligible for: (Some of these may be run concurrently with state or federally mandated leave)
Sick Leave or Paid Time Off (PTO)
Company policy/practice (review and follow)
SHRM sample policies at: http://www.shrm.org/hrtools/policies_published/CMS_004049.asp#TopOfPagehttp://www.shrm.org/hrtools/policies_published/CMS_005026.asp#TopOfPagehttp://www.shrm.org/hrtools/policies_published/CMS_004050.asp#TopOfPage
Leave of Absence (Non-FMLA Leave)
SHRM sample policy at http://www.shrm.org/hrtools/policies_published/CMS_000569.asp#TopOfPage
Short-Term Disability (Wage Replacement)
STD insurance program (check plan provisions) SHRM Sample policy at http://www.shrm.org/hrtools/policies_published/CMS_008034.asp#TopOfPage
State and Federal Coverage
Employee eligible for: (Some of these may be run concurrently and with employer-provided leave)
Family and Medical Leave (FMLA)
Company policy/practice (review and follow) SHRM sample policy at
Department of Labor information at
SHRM Legal Reports under Benefits at http://www.shrm.org/hrresources/lrpt_published/toc.asp#Benefits
State FMLA (if differing from federal)
Company Policy/Practice (review and follow)
Department of Labor information at http://www.dol.gov/esa/programs/whd/state/fmla/index.htm
Workers’ Compensation (Wage replacement and medical treatment)
SHRM state information at
Pregnancy Discrimination Act (Pregnancy as temporary medical condition)
EEOC information at
(State programs in CA, HI, NJ, NY, RI, and Puerto Rico)
CA - http://www.edd.ca.gov/direp/diind.htm
HI – http://www.hawaii.gov/lrb/gd/dlir.pdf
NJ – http://www.nj.gov/labor/tdi/tdiindex.html
NY – http://www.nysif.com/disability/aboutdisabilitybenefitsClaims.asp
RI – http://www.dlt.ri.gov/tdi/tdihome.htm
PR – http://www.vpaweb.com/about/prodserv/pr.asp
Americans with Disabilities Act (ADA) (Reasonable accommodation may be leave)
EEOC information at
SHRM Legal Reports under Selection and Placement at
You will find a Legal Report that discusses the interplay of ADA, FMLA, and Workers’ Compensation at http://www.shrm.org/hrresources/lrpt_published/CMS_000923.asp#P-10_0
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