“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: If an employee runs out of paid time off, can we allow them to take an unpaid leave?

In most cases, yes. In general, you can offer the option of unpaid leave when an employee has used all of their paid leave time. A few things to keep in mind:

1. In some situations, such as under the Family and Medical Leave Act, the employee may be legally entitled to unpaid leave. In those cases, you would need to approve the unpaid leave (at least) to the extent required by law.

2. For employees enrolled in your company benefit offerings, the length of the unpaid leave may impact their ability to continue to participate in benefits if the time away isn’t covered by FMLA or a similar law. Check your internal policies and benefit plan documents for details on eligibility.

3. Be consistent in granting time off requests. If—in the absence of legal requirements—you have historically granted employees unpaid time off for personal reasons or family emergencies, you should continue to do so unless you want to make a permanent change in policy. Inconsistency can lead to discrimination claims.

It also wouldn’t hurt to double-check that the employee isn’t owed any paid leave beyond what they’ve already taken. Review state and local leave laws where the employee works for any requirements.
Answer from Kim, SPHR, AAM, CPIW:
Kim has held many Senior level HR positions including VP of HR and Administration for a California-based Workers’ Compensation TPA, Director of HR for a benefit and risk management company, and board positions with a professional insurance association. Kim spends her free time tracking down her grown sons.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
HR Q&A

Q&A: Can We Ask Employees About Food Allergies?

No. However, employees who do have food allergies or restrictions would likely appreciate it if you made sure that they also get to partake of …

Read More →
Affirmation

Affirmation: 7 Things You Should Care Less About

Some things are worthy of your attention and concern. Others are not. Spending too much mental energy on the wrong things can move you further …

Read More →
HR Q&A

Q&A: What is pay transparency, and how does it help employers?

Pay transparency refers to sharing information about pay with applicants, employees, and possibly the entire world. While some states and localities require that employers include …

Read More →
Share via
Copy link
Powered by Social Snap