Leaves of absence are complicated, highly regulated, and often misunderstood in dental practices. In this episode, Kirk Behrendt sits down with Alan Twigg, HR expert at Ben Erickson Administrative Services, to explain how leaves of absence actually work, why documentation matters, and how dentists can protect their practices while treating team members fairly. You’ll learn how to identify protected leave, handle medical and mental health requests, manage return-to-work issues, and avoid common mistakes that lead to liability. Listen to Episode 1004 of The Best Practices Show!

Main Takeaways

1. A leave of absence typically applies when an employee will be out for more than one week and may trigger state or federal protections.
2. The reason for the leave determines which laws apply, so employers must clearly document whether the leave is due to pregnancy, medical conditions, mental health, or family care.
3. Mental health conditions are medical conditions and may qualify for protected leave under disability laws.
4. Every leave of absence should have a documented start date and an estimated return date to prevent confusion and legal risk.
5. Medical certifications and job descriptions are essential tools for determining work restrictions and accommodations.
6. Most leaves of absence are unpaid, but accrued PTO is usually used at the beginning of the leave as wage replacement.
7. Employees on protected leave generally must be reinstated to the same role, pay, and hours unless the position is legitimately eliminated.

Snippets

1. 00:39 What qualifies as a leave of absence versus regular sick time.
2. 02:06 Why state and federal leave laws vary by location and practice size.
3. 04:18 Mental health as a protected medical condition.
4. 07:38 Pregnancy and disability protections explained.
5. 10:40 Why every leave needs a defined return date.
6. 13:27 Risks of replacing an employee on protected leave.
7. 14:21 Medical certification and job descriptions.
8. 17:38 Accommodations and undue hardship.
9. 19:29 Health insurance and benefits during leave.
10. 20:55 Using accrued PTO during a leave of absence.
11. 24:27 Medical release and return-to-work requirements.
12. 27:33 When a leave of absence is not legally protected.
13. 30:40 Documentation tips to protect the practice.

Guest Bio/Guest Resources

Alan Twigg is an HR specialist with Ben Erickson Administrative Services, where he advises dental practices on employment law, compliance, and human resources best practices. He works closely with dentists to help them navigate complex issues such as leaves of absence, accommodations, documentation, and employee relations.

Guest resource mentioned:

https://bentericksen.com/alan-twigg/

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