Health Related Absences Checklist

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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

      Resource

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)

Company policy/practice (review and follow)

SHRM sample policy at http://www.shrm.org/hrtools/policies_published/CMS_000569.asp#TopOfPage

Short-Term Disability (Wage Replacement)

Company policy/practice (review and follow)

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

      Resource

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

http://www.shrm.org/hrtools/policies_published/CMS_000566.asp#TopOfPage

Department of Labor information at

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

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)

Company Policy/Practice (review and follow)

SHRM state information at

http://www.shrm.org/hrresources/stresources/wc.asp

Pregnancy Discrimination Act (Pregnancy as temporary medical condition)

EEOC information at

http://www.eeoc.gov/facts/fs-preg.html

Temporary Disability

Information at

http://www.ssa.gov/policy/docs/progdesc/sspus/tempdib.pdf

(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)

Company Policy/Practice (review and follow)

EEOC information at

http://www.eeoc.gov/ada/adahandbook.html

SHRM Legal Reports under Selection and Placement at

http://www.shrm.org/hrresources/lrpt_published/toc.asp#Selection%20and%20Placement

Note:

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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