To be eligible for, employees have to show more than that they suffer from a serious health condition. They must also show that they can’t perform at least one essential job function because they have that condition or are undergoing treatment for it.
For employers, that means it’s necessary to compare the employee’s certification and his job description. Before finally approvingleave, check to make sure the certification supports the idea that the employee can’t do at least part of the job.
Note: Don’t assume that just because an employee can perform one or two essential functions, he isn’t entitled to leave.
Recent case: Jeff Pagel worked for TIN, a company that manufactures and sells corrugated paper products. Pagel was a sales account manager who traveled extensively. With six years’ experience at the company, he was earning commissions just shy of $200,000 per year.
About the same time TIN implemented...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave
- Protecting workers from harassment isn't a 'one and done' deal
- Get ready for more changes as the DOL launches a study of how employees use the FMLA
- Behavior change can spark FMLA notice