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Leaves of Absence
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One of our employees who has been with us for about 5 years is requesting an unpaid 6 month leave of absence. We currently don't have an HR policy on this area. She works in a clerical capacity.
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Leaves of Absence
posted at 10/21/1999 5:27 AM EDT
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Posts: 9
First: 10/21/1999
Last: 12/17/1999
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One of our employees who has been with us for about 5 years is requesting an unpaid 6 month leave of absence. We currently don't have an HR policy on this area. She works in a clerical capacity.
I am trying to determine if we can hold her job for her (back fill with a temp.) or if we say, "sorry, you won't have a job to come back to." Whatever we decide would be precedent setting. Does anyone have any suggestions on how to make a policy on this one?
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Leaves of Absence
posted at 10/26/1999 1:07 PM EDT
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Posts: 1
First: 10/26/1999
Last: 10/26/1999
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The way you handle the question of leave without pay depends on your employee and the role they undertake. If it is a role which cannot be readily replaced for a short term, you have to consider the impact on your business of having the person missing for six months and running one person down. If it is a position that you can get a temp in for six months then allowing your employee the time off can often give the employee the time to re-charge batteries etc, and come back a much more productive worker, while the cost of a temp need be no greater than the absent person's salary/wage. You don't lose financially, but get a better employee in the end - particularly if the time off is going to be used for travel. The added knowledge and experience that comes from travel inevitably makes them a better employee.
I am in a police organisaiton of about 6000 people and we have up to 100 people on leave without pay at any time. Police Officers take six months to train, so if a police officer takes leave without pay we would normally run without replacing them. If the person is a public servant we would normally get a temp in.
Not backfilling the police positions also provides us with some added flexibility regarding salary administration where changing rank/classification profiles can impact on salary costs.
Michael Cardy
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Leaves of Absence
posted at 10/27/1999 7:15 AM EDT
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Posts: 833
First: 6/11/1999
Last: 8/23/2001
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I'd model the policy after FMLA, for those who didn't quality under the Act by service time or number of hours. And possibly add a few situations not covered in leave laws that REQUIRE people to be out of work, but, for a policy, I'd definately steer away from granting leaves on the basis of whether you can afford to let the person go, when the leave is an employee request rather than a necessity. The makes leaves available to some but not all, and puts the company in the position of deciding whose reason is better than others.
There are just too many opportunities to be charged with being unfair to one person, or group, or another. If you decide on a leave policy outside of the scope of FMLA, you'll need to carefully craft the language so that the leave does not become a guarantee of continued employment when the leave is over, or in case of a necessary employment decision on that position while the employee is on a leave. I'd suggest you consult your counsel, at a minimum, after you have a rough draft, and for sure, before you implement it.
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