How can I figure out which leave of absence requests I must grant?

Employees make many kinds of requests and it’s often difficult to determine which ones you must — or should — grant. Consider each request using a simple three-step process to help you figure out how to respond.

Step 1: What does the law say?

In many instances, the employee’s request will be governed by law. For example, the employee who requests a leave of absence to care for their seriously ill mother may be eligible for a legally protected leave under the state and federal family leave laws. You must determine if the employee meets the legal criteria to take a family leave, such as whether you are a large enough employer and whether the employee has worked for you long enough.

If the employee meets the requirements, then grant the leave. If not, don’t deny the leave yet without considering step two.

Step 2: What does your employee handbook say?

Even if the law doesn’t require you to grant the employee’s request, look at what your employee handbook says about it. Many companies have policies that are more generous than what the law provides. (Note: Sometimes these policies are not contained in a formal employee handbook, but have been issued piecemeal throughout the years as individual policies.)

Does your company have a policy providing medical leaves of absence other than those required by the family leave laws? Or perhaps a policy allowing personal leaves of absence?

If so, determine whether the employee meets the requirements of those policies. If not, move on to step three.

Step 3: What is your past practice?

If nothing in the law or your policies would require you to grant the request, consider your past practices. Even if your handbook does not provide for leaves of absence of any kind, look back to whether any leaves have nonetheless been granted in the past.

Often the way a company actually acts is very different from what is stated in its employee handbook. Maybe you granted an employee a leave of absence a few years ago when their child had surgery, or gave another employee a week of unpaid leave when their sister was terminally ill.

If you’ve granted such leaves before, consider whether this is a similar situation. Could this employee claim you were discriminating against them by not granting this leave? The key is to treat similarly situated employees similarly unless there is a valid business justification for treating them differently.

If there is a valid business reason for denying this leave even though others have been granted, could you document that reason if necessary? For example, you could show that this employee requested time off during your busy season, while the other requests were during the slow season.

If nothing in the law, your policies or your past practices indicates you must grant the request, then you are free to grant or deny it at your company’s discretion. Keep in mind, however, that this decision will set a precedent for future requests.

Read more about Leaves of Absence in the HR Library.