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.
- Tell employee the complete reason for firing.
- Employee fails to pay premium while on FMLA leave: When can you drop coverage?
- FMLA users can shop around for favorable medical opinion
- RIF? Make sure layoff decision-makers don't know workers' FMLA status
- Gender barriers falling? Ensure equal treatment for both sexes