Jim Jantz, JD
Director of Compliance – Absence, Disability, & Life
In today’s world, natural disasters and emergencies like wildfires, floods, and public health crises can disrupt lives and workplaces. As an employer, offering Paid Emergency Leave (PEL) is a practical way to support your employees during these challenging times while helping maintain business continuity.
If you’re considering implementing or updating your PEL policy, this step-by-step guide can help you draft a clear, effective policy that meets your employees’ needs and aligns with best practices.
Step 1: Identify qualifying events for paid emergency leave
Start by clearly defining which emergencies qualify for PEL. Common examples include wildfires, floods, earthquakes, and public health emergencies such as pandemics. Defining these events and the criteria that trigger PEL helps employees understand when they can access this leave.
Step 2: Define eligibility criteria
Specify which employees are eligible for PEL. Typically, eligibility depends on whether employees are impacted by qualifying events based on their work location or home address. Be sure to clarify which employee groups are included or excluded, such as full-time, part-time, or those covered under Collective Bargaining Agreements (CBAs) who may have other leave options.
Step 3: Set employee notification requirements
Outline how and when employees should notify you about their need for PEL. Generally, employees should provide notice as soon as reasonably possible. Include exceptions for situations where advance notice isn’t feasible due to the emergency.
Step 4: Outline documentation requirements
Specify any documentation employees may need to support their PEL request, such as evacuation orders or medical certificates. To keep the process flexible, allow employees to submit documentation after leave begins or consider waiving documentation requirements for certain groups.
Step 5: Determine the duration of paid emergency leave
Clearly state the maximum duration of PEL, such as a set number of days per year or per emergency event. Consider allowing additional unpaid leave if employees exhaust their PEL but still cannot return to work.
Step 6: Address job protection during PEL
Some state or local laws provide job protection for emergency-related leave, which may run concurrently with your PEL. If no statutory protection applies, consider offering job protection during PEL to reassure employees they can return to their same or equivalent position.
Step 7: Coordinate PEL with other leave policies
Explain how PEL interacts with other leave types like sick leave, paid time off (PTO), or statutory leave. For example, if PEL is fully paid, employees might not need to use PTO. If PEL overlaps with statutory leave, clarify how benefits will be coordinated or offset.
Step 8: Provide return-to-work guidelines
Set clear expectations for employees returning after PEL, including any required notices or documentation to ensure a smooth transition back to work.
Communicating your paid emergency leave policy
Once your PEL policy is finalized, communicate it clearly to all employees, especially those likely to be affected. Use multiple channels—such as email, employee handbooks, texts, or phone calls—to ensure everyone understands their rights and responsibilities under the policy.
