Dan's Desk

Sick Leave

Written by Dan Gallatin | Mar 12, 2020 5:00:00 AM

Coronavirus, CVID-19, the flu, FMLA, and your corporate policy. Of these, what's the most important?

First, the law. You cannot have an enforceable policy that contradicts the Family Medical Leave Act.

Second, your employment policy. If you have a corporate handbook, follow it. Wavering from time to time on provisions increases the chances of rendering other provisions unenforceable.

Third, if you follow your employment policy, but want to deviate from it, document a common policy applicable to all. Make it expressly identified that you are changing the policy due to these exigent circumstances.

Fourth, you, as the employer, do not need to make accommodations that are in excess of the law or your manual. You have the right to do so, but not the obligation.

Finally, whatever route you choose to go with on handling the current state of events, keep it documented about what you're doing and why. That will prepare you for claims that may come down the road.

Best of luck in handling these very difficult circumstances. A big part of me feels like this is closer to the start of things than the end.

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