It’s the most wonderful time of the year! No, not the holidays — back to school! This summer, I’ve been fortunate enough to have extra time at home with my little ones, and I’ve enjoyed it immensely. That said, I also can’t wait for school to start.
However, as benefits pros, you may not share my excitement, as back-to-school season often can mean a flurry of time off requests from parents.
While no federal law specifically requires an employer to allow leave for a child's school activities, getting kids settled back in school often results in leave requests by parents and guardians — sometimes even at short notice. Nancy Leonard, a partner with the labor and employment law firm Constangy, Brooks & Smith, often counsels employers on leave and attendance policies.
Here is Leonard’s advice on tending your leave policies for back-to-school season:
"First, check your state's laws. California, for example, requires some employers to allow parents and guardians up to 40 hours off work per calendar year to attend school activities for kids in licensed day care facilities and in grades K-12. Most states are not so generous with an employer's leave, but check before you say no to a leave request for school-related activities.
Second, does your handbook contain up-to-date language on the Family and Medical Leave Act ? In January 2009 the Department of Labor substantially changed FMLA regulations. If a child gets sick, mom and dad might be entitled to leave under FMLA. You might be in hot water if you don't understand and follow the new regulations.
Third, make sure your attendance policy takes into consideration tardies and partial-day absences, in the event an employee’s little one forgets his lunch or misses the school bus.
Keep in mind too that the Fair Labor Standards Act has specific requirements on deductions of pay for exempt employees. Deduct pay from the wrong employee and you may have bought yourself a wage and hour lawsuit. Make sure you are doing this correctly.
Finally, send out a reminder to employees about the company's leave and attendance policies. A little refresher course never hurt anyone.
And … always apply your leave and attendance policies and practices to employees without regard to gender, race, age, national origin, disability and any other protected category. Fair and consistent application of all employment policies and practices is, simply put, your best defense to a lawsuit."
What advice do you have? Does your leave policy take a beating when employees start requesting time off for school recitals and parent-teacher conferences? Share your thoughts in the comments.
