In dentistry, where the demands of patient care and business management intertwine, practice owners often experience the complex challenge of addressing employee leave.
CDA’s employment practices experts note with concern that some dental practice owners lean toward employee termination when faced with a leave request, thinking it’s an easy way to avoid the intricacies involved. However, embracing comprehensive leave policies and understanding both legal obligations and the potential benefits of offering leave can foster a positive workplace culture that enhances staff loyalty and satisfaction.
Understanding legal obligations
California law provides robust protections for employees requiring leave. According to the California Family Rights Act, covered dental practice owners with five or more employees must offer up to 12 weeks of unpaid, job-protected leave for eligible employees facing medical or family-related circumstances (such as caring for an ill family member or baby bonding). Additionally, the federal Family and Medical Leave Act ensures that workers in practices with 50 or more employees are entitled to similar benefits.
Compliance with these laws is not optional. Further, once an employer is aware of an employee’s need for leave, the employer is responsible for exploring leave options and eligibility for the employee and notifying the employee of those options within a reasonable timeframe.
Many employers erroneously believe that an employee hired “at-will” can be terminated at any time. Despite the flexibility of California’s at-will employment laws, it is unlawful in some scenarios to terminate an employee. Firing a worker for requesting time off, taking medical-related leave or taking leave as a reasonable accommodation under federal or state disability laws may be considered an unlawful termination. Further, when considering a leave request, employers should never consider performance a factor in granting or denying leave.
As a CDA membership benefit, dentists can receive guidance from CDA’s Practice Support experts when they have questions about employee leave or before initiating a termination. They can also consult with the Risk Management Advice Line about employment liability concerns.
Types of leave
Practice owners should be aware of the requirements of employee leave to avoid costly legal entanglements and to create a positive work culture where staff feel secure discussing their options without fear of reprisal or termination. For early-career dentists, understanding leave options can help them advocate effectively for work-life balance and legal rights.
Several types of leave are available based on the employment setting, such as private or group practice and hospital. Here’s a brief overview:
- Sick leave
- Family and medical leave
- Pregnancy disability leave
- Victim of domestic violence leave for qualifying acts of violence
- Bereavement or reproductive loss leave
- Jury duty leave
- Leave as a reasonable accommodation under federal and state disability laws
CDA members can log in to access detailed explanations of state and federal leaves of absence, including which leaves are available in different employment settings, in the Resource Library.
Beyond the minimum: Offering enhanced leave options
While legal requirements establish a baseline for leaves of absence, dental practice owners are encouraged to look beyond the minimum. Enhanced leave policies can be tailored to suit the specific needs of both the practice and its employees. Offering options such as paid leave, flexible scheduling for parental obligations or mental health days can significantly impact employee morale, psychological safety and productivity.
To implement these policies effectively, dentists should understand their employees’ unique needs. Building a culture of trust and mutual respect, where open communication between practice owners and staff is standard, will facilitate this understanding.
Some benefits of a supportive leave culture are:
- Improved employee retention. Employees are more likely to remain with a practice when they feel valued and supported, reducing turnover and maintaining stability.
- Enhanced reputation. A dental practice that prioritizes employee well-being through thoughtful leave policies is more attractive to potential hires, thereby drawing top talent. Reduced employee turnover also improves patient care and fosters a sense of stability for patients.
- Increased productivity. Employees who are well-rested and feel secure in their job are often more productive and engaged. By offering leave options, dental practices allow staff to recharge and return to work with renewed energy.
- Stress reduction. Knowing they have the support of their employer during challenging times reduces employee stress, leading to a healthier workplace atmosphere.
Implementing a progressive leave policy
To successfully implement a progressive leave policy, dental practice owners can take the following steps:
- Open communication. Foster a transparent dialogue between management and staff regarding leave policies and individual needs.
- Stay informed. Continuously update policies to remain compliant with state and federal regulations while considering new trends in employee wellness. Keep employees informed of their legal rights with required federal and state posters and by outlining leave policies in your practice’s employee manual.
- Consult professionals. When needed, seek legal or HR expertise to develop comprehensive leave strategies that benefit both your practice and its employees.
Balancing the intricacies of running a dental practice with meeting employee needs is no simple task but viewing leave as an investment rather than a challenge can transform a practice’s culture and reputation. Cultivating a supportive leave culture is not just an obligation but an opportunity to create a practice where employees feel valued and engaged.
More CDA resources for understanding leave
- A baby on the way: Mitigating risk while supporting pregnant employees
- What to expect when your employee is expecting
- Comprehensive guide to California’s paid sick leave law
- Small Employer Guide to CFRA
- State and federal leaves of absence laws that apply to employers in California
- Navigating California’s Tangled Weave of Employee Leaves Webinar
- Federal and state family leave rights notices are also found in CDA’s Required Poster Set