Leave and Absence glossary

A

Absence management

Policies, procedures and tools used by employers to monitor, track and manage employee absences, both planned and unplanned to minimize disruption, maintain productivity and support compliance with leave laws.

Accrued paid leave

Paid time off that employees earn over time, typically based on hours worked or tenure, which they can use subject to company policy.

Americans with Disabilities Act (ADA)

A civil rights statute that prohibits disability discrimination and requires covered employers provide employees with disabilities reasonable accommodations, including leave, to perform the essential functions of their job.

C

Caregiver leave

Leave taken by an employee to care for a seriously ill spouse family member which may be protected under laws like FMLA or PFML.

Compliance

For purposes of Absence Management, the ongoing process of adhering to relevant laws and regulations governing leave.

Corporate leave policies

Company specific leave programs (for example paid parental or bereavement leave) that go beyond legal requirements to attract and support employees.

E

Elder care leave

Leave taken by employees to care for aging family members, often qualifying under federal or state family leave laws.

F

Family and Medical Leave Act (FMLA)

Federal law entitling eligible employees to up to 12 weeks of unpaid, job protected leave in a 12-month period for qualifying medical or family events (26 weeks for military caregiver leave).

I

Indemnification

An indemnification clause is an agreement where one party (the indemnifier) agrees to cover the losses or damages of the other party (the indemnitee) for specific reasons, which are defined in the contract. The indemnification clause essentially transfers the financial burden of potential risks from the indemnitee to the indemnifier.

Intermittent leave

Intermittent leave is time off taken in separate blocks, rather than all at once, due to a medical need or other qualifying reason. It may range from a few minutes to days or weeks.

Employees should try to schedule planned leave to reduce disruption when possible. In some cases, approval for an intermittent leave schedule may be required.

L

Leave

Time away from work, paid or unpaid for medical, personal or family reasons. Leave may be protected under laws like FMLA, PFML, ADA or state leave statutes.

P

Parental leave

Leave taken to bond with a newborn child or a child newly placed through adoption or foster care.

Paid family leave (PFL)

State or employer-provided income replacement for eligible employees who take leave to care for a family member, bond with a new child or various military family reasons — often concurrent with FMLA.

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) requires employers with 15+ employees to provide reasonable accommodations to qualified workers with known physical or mental conditions related to pregnancy, childbirth or other pregnancy-related medical issues regardless of if the condition meets the definition of disability under the ADA. The PWFA applies solely to accommodations and does not override more protective federal, state or local laws.

S

State disability laws

State-level programs (for example disability insurance) offer short-term income protection for non-work-related medical conditions — employer obligations vary by state.

State leave laws

Laws enacted by individual states or the District of Columbia that require employers to participate in state-run Paid Family and Medical Leave (PFML) or Temporary Disability Insurance (TDI) programs. These programs provide paid benefits and often job protection for qualifying events such as serious health conditions, pregnancy, bonding with a new child, caring for a family member, safe leave and certain military-related circumstances. In jurisdictions allowing private plans, employers may opt out of the state program by offering a private plan that meets or exceeds the state’s benefit, eligibility and cost requirements.

U

Undue hardship

A legal standard allowing an employer to deny a reasonable accommodation when providing it would cause significant difficulty or expense, based on an individualized assessment of factors such as cost, financial resources and business operations.

Applicable under laws like the ADA, PWFA and similar state laws, the determination must be fact-based, not speculative.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

A federal law that protects military service members and veterans from employment discrimination on the basis of their service and allows them to regain their civilian jobs following a period of uniformed service.

W

Workers’ compensation (WC)

State-mandated insurance covering medical care and wage reimbursement for employees injured or ill due to job-related conditions.

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