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Managing employee leave requires care, consistency, and awareness

November 2025 employment law letter
Authors: 

Matthew Scully, Burr & Forman LLP

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining operational continuity, employers must navigate leave issues with care, consistency, and legal awareness. Read on for a high-level overview of key leave laws and best practices for managing employee absences in a compliant and fair manner.

Understanding the legal framework

Several laws govern employee leave and accommodations, often overlapping in their application. Employers must be aware of their obligations under each to avoid legal risks and support employee well-being.

Americans with Disabilities Act (ADA). The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities, unless doing so causes undue hardship. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Accommodations may include modifications to work schedules, job duties, or even unpaid leave. Employers must engage in an interactive dialogue when a need for accommodation is known or communicated—formally or informally.

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