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.
- Unmarried co-Workers, childbirth and FMLA leave
- Beware personal liability for COBRA, FMLA, state bias law
- Consider ADA before firing after 12 weeks
- Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave
- Make sure employee is clear about your system for running and counting FMLA leave