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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Ex-employees: Gone but not forgotten Courts' broader definition of 'employee' expands your liability
- When FMLA leave goes beyond doctor's estimate
- Turn to Last-Chance Agreements for Legal Leverage
- Patience--and focus on job performance--are key when dealing with difficult employee