News & Insights

As school bus operators prepare to review their employee handbooks and policies over the summer months, special attention should be paid to any language in the handbook or separate policy regarding employee benefits and leave. School bus operators often employ both full-time and part-time staff, and like most employers, typically provide benefits to full-time employees that part-time employees do not receive. Additionally, it is not uncommon for employers to have benefits policies that do not accurately align with what the employer intends, or are incongruent with other policies. In some cases, having inaccurate language in an employee handbook or policy can create unintended consequences for the employer.

One area of employee benefits that should be reviewed is paid time off (“PTO”). It is not uncommon for employers to intend for PTO benefits to apply only to full-time employees. Employers should be mindful that broadly worded PTO language in an employee handbook that is distributed to all employees may unintentionally suggest that all employees are eligible for PTO. So, employers should ensure that this language is clearly worded to avoid any such confusion. PTO policies should also clearly explain when PTO begins to accrue, whether accrual is based on the calendar year or employee anniversary date, whether PTO carries over from year to year, and whether PTO is paid out upon separation of employment. PTO policy language that is ambiguous could expose employers to liability down the road. For example, a policy that has unclear carryover language and does not address payout upon end of employment may lead to disputes over a large payout due to accumulation of PTO days. There are also other benefits that may apply to full-time employees only, such as employer provided leave as well as health benefits, that employers should be sure are clearly drafted. Employers may consider separating benefits language from the handbook, instead providing a

Another area that employers should pay attention to is language related to leave. Of note, employers with 50 or more employees in 20 or more workweeks in a calendar year are required to provide employees that have worked for at least 12 months with a minimum of 1,250 worked in a 12 month period with up to 12 weeks of unpaid, job protected leave under the Family and Medical Leave Act (“FMLA”). 29 C.F.R. §825.104. Employers who fall under the scope of the FMLA are required to include a general notice of rights under FMLA in an employee handbook or separate policy. 29 C.F.R. §825.300. Some employers who are not covered under the FMLA also provide employees that opportunity to take unpaid leave. In any event, this should be clearly outlined in a handbook or separate policy. Employers should also consider the interaction of PTO with leave. For example, if an employer intends to require employees to use PTO days while out on FMLA, this should also be clearly stated in the policy. 29 C.F.R. §825.207.

Employee handbooks should accurately reflect employer benefits and leave practices, and so it is encouraged that employers periodically review same. Employers who have employees in Philadelphia and Allegheny counties should be mindful that there are local leave policies that may apply, and so handbook provisions and policies should be reviewed to ensure they are consistent with such requirements. If you are reviewing your handbooks this summer, or have any questions on above, email us at help@rckelly.com or call 215-896-3846.