Q. An employee took
A. It’s not clear why the state would be taking a position on when the employee’s FMLA leave begins. Ordinarily, FMLA leave that is based on the same condition for which an employee is receiving workers’ comp will run concurrently with the workers’ comp leave. The leave should run from Sept. 1 for up to the 12-week maximum.
If the employee takes the full 12 weeks of FMLA and still is not able to return to work, you should consider whether she has a disability protected by the ADA. If so, you should engage in the interactive process with her to determine whether she needs a reasonable accommodation, such as extended leave.
- Continued employment may be enough to make noncompetes legal
- Judge says sewer worker's firing doesn't pass smell test
- Handbook helps convince court to overturn discrimination decision
- Think worker is lying about health? Ask before disciplining
- Be wary of disciplining employees soon after union activities