5R's- Leadership Guide to Legislated Leaves & Accommodations

RECOGNIZE

An Employee does not have to directly express the need to take a leave. As a leader, you don’t have to know if the Employee is eligible but you are responsible to recognize that they may be eligible.  

An Employee may be eligible when:

•  The Employee frequently calls off for personal or family member illness.
• The Employee has an extended time off need such as maternity or pre-scheduled surgery.
• The Employee calls off for three or more consecutive days.
•  The Employee has an emergency with a need for extended leave such as breaking a bone.
• The Employee has something making it difficult for them to perform their job duties.
• The Employee has a chronic condition causing them to miss work for illness and/or medical appointments.
• The Employee needs time off work to care for a family member.
• The Employee reports having the flu and/or symptoms of the flu.
• The Employee or a family member has or is suspected of having COVID-19.

REFRAIN

• Don’t ask for any medical related information about the Employee or their family member.
• Don’t ask any medically related follow up questions in the event that medical information is disclosed. For example, When were you/your family member diagnosed? What is the prognosis? What is the medical condition?
• Don’t make promises regarding leave approval, eligibility, job protection, length of leave, pay, etc.
• Don’t share information the Employee shared with you with anyone expect Human Resources or leadership responsible for the supervision of the Employee.

* Note, Use of this guidance for COVID-19 is conservative and safe. If you have the need to obtain more information from the employee, please consult with your Human Resources representative or legal counsel on what the most up to date guidance is related to COVID-19 as regulations and guidance specific to what can and cannot be asked specific to COVID-19 is being updated regularly.

REPHRASE

Rephrase questions into statements to refer Employees to the Leaves Administrator/ Representative. Recommended statements include:

• General Statement: “Please contact the Leaves Administrator/ Representative within the next 24-48 hours to see if any leaves or accommodations are available to you.”
• Statement following Employees disclosure of medical information: “Thank you for sharing that with me however you are not required to do so. Please contact the Leaves Administrator/ Representative within the next 24-48 hours to see if any leaves or accommodations are available to you.”
• Statement following Employees disclosure of family member’s medical information: “I’m sorry to hear that. I know it must be difficult for you and your family. I would like to encourage you to contact the Leaves Administrator/ Representative within the next 24-48 hours to see if any leave or accommodations are available to you.”
• Statement following Employees inquiry for information pertaining to leaves: “I am not the expert in this area and want to ensure you receive the most up to date accurate information specific to your individual circumstances. Please call the Leaves Administrator/ Representative and they can answer all questions and concerns that you have.”

REFER

• Refer the Employee to the Leaves Administrator/Representative to see if any leaves or accommodations are available to them.
• Refer the Employee to your Employee Assistance Program (EAP) where the Employee can receive free services including but not limited to counseling services.

REQUEST

• Request that the Employee submit a paid time off (PTO) request in your timekeeping system.
• Request that the Employee maintain communication with you regarding their return to work date.