Question: One of our employees sent me a copy of a state regulation they say entitles them to a leave of absence that is not provided for by our policies, or any law that I am aware of. It looks legit, though, and they are insistent. How did we miss this?
Answer: You may not be missing anything! When employees use Google or ask questions of AI to seek out information, the results are not always accurate or on point. Using broad search terms such as “employee leaves of absence” may produce wide-ranging results, including links to regulations that apply exclusively to public employees. Public employees often have statutory protections, rights, and benefits that at-will employees of a private company don’t have. The employee raising the question also may have previously worked in a different industry or a different state, or was subject to a collective bargaining agreement or an employer policy that was more generous than required by law. State laws and local laws vary, and employees in certain industries, such as retail and manufacturing, may have different rules governing their employment, such as predictive scheduling and overtime requirements.
It’s easy to get confused, and there are a lot of traps to fall into, so don’t take legal guidance from your employees at face value. Instead, dig deeper to verify to whom the regulation applies in the first place. For current guidance on employment laws, we recommend Vigilant members head first to the Vigilant Member Website, where you can find our newsletter articles explaining recent developments and view our Legal Guides, Model Forms, and Model Policies. Rather than rolling the dice on AI and algorithms, often it will be more efficient to start with us. And if you need help finding an answer, just ask your Vigilant Law Group employment attorney, and a real human will respond!
