Leaving No Doubt about Employee Leaves

By Nobile, Robert J. | Personnel, May 1990 | Go to article overview

Leaving No Doubt about Employee Leaves


Nobile, Robert J., Personnel


Leaving No Doubt About Employee Leaves

The topic of leaves of absence from the workplace is hot - and getting hotter. As women continue to enter the workforce - and remain there after having children - the issue of maternity leave has taken on new importance. Moreover, as the population ages, more employees find themselves needing time off from work to care for their elderly parents. And medical disabilities and personal crises can compel employees to take leaves of absence. Thus it is not surprising that in recent years there has been an increase in state legislation regarding leaves of absence (LOAs).

The Importance of a Policy

It is important for the employer to have a clear LOA policy, and to include the policy in the employee handbook. Such a policy makes employees who wish to take leaves aware of their entitlements and their obligations. Further, a clearly stated, standardized policy can help ensure that the policy will be applied

consistently to all employees. This is crucial, since inconsistent LOA administration can lead to charges of employment discrimination.

Before establishing an LOA policy, the HR manager needs to become familiar with federal and state laws regulating employee leaves. These laws determine the types of leaves that a company must grant, the required duration of leaves, and the employee's reinstatement rights when the leave expires.

Pregnancy Leaves and Federal Law

Employers are generally required to provide the same leave for pregnancy-related disabilities that they do for other medical disabilities. The Pregnancy Act of 1978, an amendment to Title VII of the Civil Rights Act of 1964, says that for all employment-related purposes, the employer must treat women who are affected by pregnancy, childbirth, or related medical conditions just as it treats employees who are disabled for medical reasons unrelated to pregnancy.

Furthermore, the Equal Employment Opportunity Commission's (EEOC) Guidelines on Sex Discrimination require the employer to treat disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions in the same way that it treats other disabilities with respect to, among other things, employment policies involving LOAs. Thus written or unwritten policies regarding duration of leave, availability of leave extensions, accrual of seniority, and other benefits and privileges during leave and reinstatement after leave must be applied to pregnancy-related disabilities on the same terms and conditions that they are applied to other disabilities.

FEDERAL CONTRACTORS

The Office of Federal Contract Compliance Program's (OFCCP) Guidelines on Sex Discrimination, which apply to most federal government contractors and subcontractors, also require employers to treat women who need time away from work for child-bearing in the same way that they treat employees taking LOAs for other disabilities.

If a federal contractor has no policy on LOAs, however, the OFCCP's guidelines mandate that women be granted reasonable leaves for child-bearing and that they be reinstated to their former jobs or to positions of comparable status and pay. This means that it is in the federal contractor's interest to develop a medical leave policy that includes childbearing and related conditions and that specifies the contractor's leave duration and reinstatement practices. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Leaving No Doubt about Employee Leaves
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.