Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her
A. Yes, when the employee requests or you have knowledge that the leave may be covered under the , you must advise the employee within five business days (either orally or in writing) of whether she is eligible for FMLA leave.
If you determine that she is not eligible, then you need to provide at least one reason for your conclusion. In this case, the notice would state that she is not eligible because she has not been employed for at least 12 months.
- Employee must request more leave as ADA accommodation
- You're not a doctor! Don't restrict pregnant employee's work unless her physician says so
- Don't share HR files that wipe out attorney-Client privilege
- An honest mistake won't sink you
- When new employee quits, know the legal way to recoup your training costs