This is a guide on the particular responsibilities and requirements that come with being a manager to someone who is going on leave.

An important thing to keep in mind is that many employee leaves are federally - and sometimes state - protected, which comes with specific requirements in how they are administered.

Much of the information in this guide is considered best practice- but if you have any questions on specific scenarios, or need help along the way, your HR team and employment counsel will be your best guide.

If you’d like a more tactical guide to prepare for and follow along with your report’s leave journey, check out our Manager Checklist.

The Family and Medical Leave Act (FMLA) gives protections to employees who take leave, and outlines responsibilities that the company and manager have to the employee upon their sharing of their intent to take leave.

One of the most important aspects of this that you need to be aware of and uphold is the prohibition against interference and retaliation, which we’ll discuss in more detail later.

Eligible employees are entitled to twelve workweeks of leave in a 12-month period for reasons such as having a child, medical needs, and family caregiving. Cocoon will be able to determine FMLA eligibility for your report upon submission of their intended leave plan.

Some states have their own protections that are more generous in their eligibility requirements than FMLA, but generally follow along with the structure of the federal guidelines.

The most important first step to take when your report lets you know of their need or intent to take a leave of absence is to direct them to your HR/People team, and ask your report to request leave through your company’s leave request procedure. If you’re reading this, odds are your leave request procedure is Cocoon!

If your report proposes or requests an exception to your company’s leave policy, you can work with your HR/People team in collaboration to ensure that it’s something your team and company can support.

You and your report can - and should! - work together on a leave transition plan, where you can collaboratively work towards a smooth transition for your report and your team, and prepare for an equally smooth transition back into work.

When your report alerts you to their intent to take leave, you’re welcome to congratulate them or offer condolences as appropriate to the situation. You’re always welcome to offer support to the extent that is appropriate to your relationship, and you should definitely point them to your HR / People team to get them access to any resources that are available at your company.

It’s very important to avoid making any negative comments about any employee’s need or potential need to take leave - not in a general sense, and especially not about your report!

Another aspect of this is to avoid making any negative comments about a protected class, such as pregnancy or disability.

As a manager, you should avoid making any medical inquiries - if your employee requests a medical leave, you should never ask them why they need to take medical leave, what their medical condition is, or questions along similar lines. This violates medical privacy, and can put you and your company in hot water.

All of these considerations fall under the purview of the “prohibition against interference and retaliation” mentioned earlier - your report, and all employees, have the right to take leave without harming their careers or facing retaliation at work.

Any signs that taking leave may be held against your report, that you have a personal bias against a protected class, or that you take issue with the timing of their leave are all potential violations of this mandate. Make sure that you’re keeping this in mind as you work with your report to prepare for their time on leave!

Your report’s main point of contact throughout their leave should be their HR/People team. While there aren’t explicit rules on exactly how much communication from a manager is allowed, you should proactively collaborate with your report ahead of their leave to see what type and frequency of outreach they would want to receive.

As a general rule, employees on leave should be fully relieved of work, and you as a manager should avoid asking anyone on leave to perform work.

You are allowed to have occasional and infrequent contact limited to discrete issues; such as a request for information that only your employee has, where to locate passwords, etc.

If your employee truly needs to perform work during their leave - and agrees to do so without coercion - you are required to consider this “work time” and should not be counted against their leave.

Overall, you should seek to limit your outreach to your report while on leave, as too much contact can increase your risk of potential FMLA issues. The best way forward is to ensure that your HR/People team is your report’s main point of contact.

Now that you have an overview and understanding of the legal implications, check out the Manager Checklist for tactical information on next steps!

We’ll also be sending you reminders and guidance over email as your report’s leave proceeds. Don’t hesitate to reach out if you have any questions, or there are ways we can help!

For company-specific information, make sure you reach out to your HR/People teams first - as they’ll be best placed to help with any questions or policies there.

If you’re interested in learning more about the statues involved here, you can check out the Department of Labor’s resources below for general questions and guidance on following FMLA: