With tornados, floods and fires topping the news in recent months, a question arises: What’s an employer’s obligation to givewhen the disaster affects employees or their families?
For starters, thedoes not require employers to give FMLA leave for personal matters, such as cleaning up damaged homes. But you would need to provide FMLA leave to eligible employees if they—or a spouse, child or parent—suffer physical or mental ailments that meet the “serious condition” threshold.
In some cases, a natural disaster could cause an employee’s chronic condition—such as anxiety or high blood pressure—to flare up, causing them to be unable to perform the job.
Plus, some employees who go through natural disasters may be able to point to a doctor-diagnosed post-traumatic stress disorder (PTSD). That would trigger FMLA leave as well as potential obligations under the ADA.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Be sure managers know they can't discipline employees for using FMLA
- No need to alter policy for employees who are expecting
- Handle employee background checks correctly to lessen liability
- Go ahead and grant 'disability leave'— but don't assume employee is disabled