Q. We have an employee on
A. Employees with a “serious health condition” are entitled to intermittent leaves of absence under the . Your first step: Request that the employee give you a medical certification form completed by her doctor. If you disagree with the conclusions, you are entitled to a second evaluation, and if the two don't agree, to a third. Assuming you've already done so and her health care providers recommend , you're obligated to provide the time off.
If the employee is a “key” employee (a salaried employee who is paid among the highest 10 percent of employees) you can deny reinstatement if you can show her absences cause “substantial and grievous economic injury.” But the time to do so is before the leave starts, so you may have missed your opportunity. Employers should consult with an attorney before relying on the key-employee exception.
- Warn managers: Don't mention FMLA during discussion about discharge
- Poison ivy not FMLA-protected leave
- After a brief FMLA leave, can we request a second opinion to make sure the worker is ready to return?
- FMLA may require reinstatement, even with work restrictions
- You can force an eligible employee to take FMLA leave