Vacation and Leave Policy - Template, Sample Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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EMPLOYEE VACATION AND LEAVE POLICY
________
State of ________
RECITALS:
A. This Employee Vacation and Leave Policy (the “Policy”) is made effective as of the following date: ________.
B. This Policy sets forth the terms, conditions, procedures, and expectations governing vacation and other forms of leave applicable to employees of ________ (the “Company” or “Employer”), located at ________.
C. Regular attendance is vital to maintaining business operations. The Company nevertheless recognizes that employees may require time away from work and offers several categories of leave of absence for various reasons.
D. The Company will provide at least the minimum benefits and protections mandated by applicable federal, state, and local law. This Policy is complementary to, and shall be construed consistently with, all such legal requirements. Where any provision of this Policy conflicts with applicable law, the law shall control, and the remaining provisions shall remain in full force and effect.
E. This Policy does not constitute an employment contract or a guarantee of continued employment. Employment with the Company remains at-will to the fullest extent permitted by law, terminable by either party at any time, with or without cause or notice.
By signing this document, an employee acknowledges receipt and understanding of the following terms:
§ I. DEFINITIONS.
2. Maternity Leave: Leave provided to a birthing parent that primarily addresses the parent’s health, recovery, and wellbeing, and bonding with the new child.
3. Parental Leave: Inclusive leave available to fathers, adoptive parents, non-biological parents, and other parents who do not give birth, emphasizing bonding, shared parenting, and caregiving responsibilities.
4. Surrogacy: A medical and legal process by which a third-party individual carries and delivers a child for an individual or couple, where the child is most commonly not biologically related to the person carrying the child.
5. Serious Health Condition: An illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider, as defined under 29 C.F.R. § 825.113.
§ II. ELIGIBILITY.
6. This Policy applies to all employees who work for the Employer and who satisfy the requirements described herein, subject to applicable federal, state, and local law.
7. This Policy does not apply to the following categories of employees: ________.
8. Except where applicable law provides otherwise, covered employees must have been employed by the Employer for at least ________ to be eligible for the discretionary benefits described in this Policy. Statutory leave entitlements shall be governed by their respective eligibility criteria.
9. The following individual shall act as the authorized manager responsible for implementing and administering this Policy in the workplace: ________ (the “Benefits Administrator”).
§ III. LEAVE PROCEDURES.
10. For planned leave, employees must submit a leave request the following number of days in advance: ________.
11. In the event of an emergency, an employee shall submit a request for leave as soon as practicable after becoming aware of the need for such leave.
12. If an employee, during an approved leave of absence, accepts alternate employment or engages in other employment or consulting outside the Company without authorization, the employee may be deemed to have voluntarily resigned, except to the extent prohibited by applicable law.
13. All leave of absence requests will be evaluated in light of the Company’s operational requirements, as determined by Company management, and in accordance with applicable law.
14. For disability-related leave requests, the Company will engage in a good-faith interactive process with the employee, consistent with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable state law, to determine whether a leave of absence or other accommodation is appropriate.
15. A medical leave of absence requires the employee to provide a certification from a licensed health care provider. The leave request may be delayed or denied if the certification is not provided in a timely manner, to the extent permitted by law. Any extension of leave must be approved before the expiration of the currently approved leave.
16. Except as otherwise required by law, reinstatement to the employee’s prior position is not guaranteed. However, the Company will make every reasonable effort to reinstate the employee to the same or a substantially equivalent position held before the leave.
§ IV. MEDICAL CERTIFICATION.
17. When leave is requested for medical reasons, the employee must submit a medical certification from a licensed health care provider establishing the employee’s eligibility for the requested leave.
18. Such certification must be provided as soon as reasonably practicable, and not later than the date leave commences or ________ days after the Company’s request, whichever is later, consistent with 29 C.F.R. § 825.305.
19. When leave is requested due to the employee’s own serious health condition, the certification must include:
a. the date the serious health condition commenced;
b. the estimated duration of the serious health condition; and
c. a statement that, because of the serious health condition, the employee is unable to perform the functions of the position and/or requires medical treatment.
20. All medical information obtained in connection with a leave request shall be maintained confidentially and in separate files, in accordance with applicable law.
§ V. PAID TIME OFF.
21. All eligible employees are entitled to the following number of paid time off (“PTO”) days per calendar year: ________ days.
22. PTO pay for regular full-time employees will be calculated based on the employee’s base rate of pay multiplied by the number of hours the employee would otherwise have worked that day.
23. PTO pay for regular part-time employees will be calculated on a prorated basis.
24. Employees may not accrue more than the following number of days of paid time off: ________ days. Once an employee’s accrued balance reaches this cap, no further PTO will accrue until the balance falls below the cap. Accrual and forfeiture of PTO shall in all events comply with applicable state law, including any prohibition on forfeiture of earned, vested time.
25. Unused PTO that an employee was eligible to take in a given year shall roll over to the following year, subject to the accrual cap set forth above and to applicable law.
26. To take PTO, employees must provide the following advance notice: ________.
§ VI. OBSERVED HOLIDAYS.
27. The Company observes the following paid holidays: ________.
28. The Company will provide the following number of floating holidays each year: ________. At the beginning of each year, floating holidays will be designated by the Company, and employees will be duly notified of the designated dates.
29. All eligible employees will receive paid holiday time off. Holiday pay for regular full-time employees will be calculated based on the employee’s base rate of pay multiplied by the number of hours the employee would otherwise have worked that day. Holiday pay for regular part-time employees will be calculated on a prorated basis.
30. If an eligible non-exempt employee works on a recognized holiday with Company approval, the employee will receive holiday pay in addition to wages at their applicable straight-time rate for hours worked, together with any overtime compensation required by the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) and applicable state law.
§ VII. PREGNANCY-RELATED DISABILITY LEAVE.
31. Employees who are disabled by pregnancy, childbirth, or a related medical condition may request a leave of absence for the period of disability, not to exceed the maximum period permitted under applicable state and federal law. Such leave may be requested for prenatal care, severe morning sickness, medically ordered bed rest, childbirth, and recovery from childbirth.
32. Pregnancy-related disability leave shall be administered in accordance with the Pregnancy Discrimination Act (42 U.S.C. § 2000e(k)), the Pregnant Workers Fairness Act (42 U.S.C. § 2000gg et seq.), the FMLA, and applicable state law. Where the employee is FMLA-eligible, qualifying pregnancy-related leave will run concurrently with FMLA leave to the extent permitted by law.
33. Employees seeking pregnancy-related disability leave must notify the Benefits Administrator of the anticipated leave date and estimated duration, and must provide a medical certification of disability. Failure to provide required certification in a timely manner may result in delay or denial of leave, to the extent permitted by law. Prior to returning to work, the employee may be required to provide a certification of fitness to resume essential job duties, to the extent permitted by law.
34. Employees who return to work immediately following the expiration of an approved pregnancy-related disability leave will generally be reinstated to their former position or a comparable position, as required by law.
§ VIII. MATERNITY AND PARENTAL LEAVE.
36. Employees giving birth to a child are entitled to ________ of maternity leave. This period includes both pre-delivery and post-delivery recovery time, as applicable. Non-birthing parents (including fathers, adoptive parents, and parents through surrogacy) are entitled to the same period of ________ as parental leave.
37. Employees taking maternity or parental leave may divide the leave into two segments, with a maximum of ________ taken before the expected delivery, adoption, or placement, and the remaining time taken thereafter.
38. Of the maternity or parental leave provided, employees will receive ________ of paid leave at one hundred percent (100%) of their regular salary per pay period. Any remaining leave shall be unpaid unless otherwise required by law or paid through accrued PTO.
39. Employees must provide written notice of their intention to take maternity or parental leave at least ________ in advance, including the expected start date of the leave. Employees may also be required to provide appropriate documentation, such as a medical certificate confirming the pregnancy and expected due date, or documentation of an adoption or surrogacy arrangement.
40. During the leave period, employees are protected from any form of discrimination or retaliation. Upon return to work, employees will be reinstated to their previous position or an equivalent position with the same pay, benefits, and terms of employment, to the extent required by law.
41. During the maternity or parental leave period, employees will continue to receive applicable group health benefits on the same terms as if actively working, in accordance with the FMLA and applicable law. Employees may elect to continue contributing to any applicable benefit plans.
§ IX. SICK LEAVE.
42. Eligible employees are entitled to paid sick leave for absences resulting from their own illness, injury, or medical condition, or to attend medical or dental appointments. Sick leave may also be used to care for an immediate family member who is ill or injured, or to attend to such family member’s medical needs, to the extent required by applicable law.
43. Employees are entitled to the following amount of paid sick leave per year: ________, or such greater amount as may be required by applicable state or local law.
44. Employees must notify their immediate supervisor or the Benefits Administrator as soon as practicable when unable to report to work due to illness. The Company may require a medical certification from a licensed health care provider for absences of a duration determined by the Company, consistent with applicable law. Sick leave will be paid at the employee’s regular straight-time rate of pay or base salary.
§ X. MILITARY LEAVE.
45. Military leave is available to eligible employees who serve in the Uniformed Services of the United States, including the National Guard and the Commissioned Corps of the Public Health Service, the state military forces, or the reserve components thereof, for active or inactive duty or training, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 U.S.C. § 4301 et seq.).
46. Time off is also permitted for an examination to determine an employee’s fitness for duty in any branch of the federal armed forces.
47. Such leave will be granted in accordance with USERRA and applicable statutes of the State of ________, provided all legal requirements are satisfied and the employee returns to work or applies for reemployment within the time prescribed by law.
48. The employee must provide advance written or verbal notice of the need for military leave whenever possible, giving their immediate supervisor as much notice as practicable to allow the Company to arrange coverage, except where precluded by military necessity or otherwise impossible.
49. Employees on federal military leave may elect to continue health insurance benefits, at the employee’s expense, for up to twenty-four (24) months from the date of military leave, as provided under USERRA.
§ XI. MILITARY FAMILY LEAVE.
50. Employees with a spouse, registered domestic partner, son, daughter, or parent serving in the United States Armed Forces, National Guard, or Reserves may take qualifying exigency leave and military caregiver leave as provided under the FMLA. In addition, the Company will provide the following amount of leave when the qualifying servicemember is on leave from deployment during a period of military conflict: ________.
51. To be eligible, the employee must have a covered family member who is: (1) a member of the United States Armed Forces deployed during a period of military conflict to a designated combat theater or combat zone; (2) a member of the National Guard deployed during a period of military conflict; or (3) a member of the Military Reserves deployed during a period of military conflict.
52. Within two (2) business days of receiving official notice that the covered family member will be on a qualifying leave, eligible employees must notify the Company of their intention to take such leave and provide certifying documentation that the family member will be on leave from deployment during the period requested.
§ XII. BEREAVEMENT LEAVE.
53. In the event of a death in the immediate family, employees may take up to the following amount of time off with pay, at their regular straight-time rate or base salary, to handle family affairs and attend services: ________.
54. For purposes of this Section, “immediate family” means the employee’s spouse, domestic partner, child, parent, sibling, mother-in-law, father-in-law, grandparent, and grandchild, and any other relationship recognized under applicable law.
§ XIII. JURY DUTY AND WITNESS LEAVE.
55. Employees have a civic obligation to provide jury duty service and to respond to lawful subpoenas when summoned.
56. Employees are entitled to up to the following number of days off, with pay at their regular straight-time rate or base salary, for jury duty: ________ days. The Company will not discharge, threaten, or otherwise penalize any employee for responding to a jury summons or subpoena, consistent with applicable federal and state law.
57. To be excused for jury or witness duty, the employee must present the summons or subpoena as soon as it is received so that appropriate coverage arrangements can be made. Employees must report for work on those days or partial days when their presence in court is not required.
§ XIV. VOTING LEAVE.
58. Employees are encouraged to exercise their right to vote in any public election. The Company will provide eligible employees with reasonable time off to vote in accordance with applicable law of the State of ________ and federal law, provided the employee does not have sufficient time outside of working hours in which to vote.
59. Employees who require time off to vote must notify their immediate supervisor or the Benefits Administrator in advance, whenever possible, so that appropriate coverage arrangements can be made. Time off for voting will be granted, paid or unpaid, in accordance with the requirements of applicable law.
§ XV. NON-DISCRIMINATION AND NON-RETALIATION.
60. The Company prohibits discrimination and retaliation against any employee for requesting or taking any leave to which the employee is entitled under this Policy or applicable law, consistent with Title VII of the Civil Rights Act, the FMLA, the ADA, USERRA, and applicable state and local law. Any employee who believes they have experienced such discrimination or retaliation should report the matter to the Benefits Administrator.
§ XVI. ACKNOWLEDGMENT.
61. By signing below, the employee acknowledges and confirms that they have read and understood this Policy and agree to comply with all provisions herein.
62. The employee acknowledges and understands that this Policy is a guideline and does not create any contractual obligation, express or implied, nor alter the at-will nature of employment to the extent permitted by law. Any existing written employment agreement signed by an authorized officer of the Company shall control to the extent of any conflict. The Company reserves the right to amend, modify, or rescind this Policy at any time, with or without notice, except as prohibited by law.
§ XVII. SEVERABILITY.
63. If any provision of this Policy is held invalid or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to render it enforceable, or, if not capable of such modification, severed, and the remaining provisions shall continue in full force and effect.
§ XVIII. GOVERNING LAW AND VENUE.
64. This Policy shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, and by applicable federal law. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________, for any dispute arising under this Policy.
EXECUTION:
IN WITNESS WHEREOF, the undersigned Employee acknowledges receipt and understanding of this Policy as of the date set forth below:
_________________________________
Employee Signature
_________________________________
Employee Name: ________
_________________
Date: ________
Acknowledged on behalf of the Company:
_________________________________
Authorized Representative Signature
Name: ________
Title: ________
Date: ________
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