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.
- Firing worker during FMLA leave: possibly legal, but usually unwise
- Restrict FMLA leave info to those who need to know
- Do you round off employee hours? Be sure to round both up and down
- Union members can't use 'Public policy' violation as basis for retaliation claim
- Beware offering FMLA instead of workers' comp