You probably provide employees with paid time off (PTO)—vacation and sick leave. If you have 50 or more employees within 75 miles, you also have to allow eligible employees with serious health conditions up to 12 weeks’ .
Between paid leave and unpaid The result: leave, you could find yourself holding open a job far longer than 12 weeks. But the U.S. Labor Department allows you to run FMLA leave concurrently with other PTO. That’s your decision to make, not the employee’s. no more than 12 weeks off.
The same is true even if the employee never provides you with medical certification of a serious health condition.
Recent case: Darrin Tippins took a short leave of absence for an emergency heart procedure and asked to take vacation time. His employer informed him it would run his vacation time concurrent with his FMLA entitlement and deducted the time from his 12 weeks of unpaid leave.
Later, Tippins had eye surgery, asked for FMLA leave and was absent almost 12 weeks. The company terminated him as soon as the combined time off hit 12 weeks.
Tippins sued, arguing that because he never provided medical certification showing he had a serious health condition for the first absence, the company couldn’t apply his FMLA leave.
Not so, concluded the court. As long as the employee handbook allowed the company to apply FMLA leave concurrently with PTO and employees received notice, the lack of a medical certificate didn’t make any difference. If it did, employees would be able to get more time off than the FMLA was designed to guarantee. (Tippins v. Airnet Systems, No. 2:05-CV-421, SD OH, 2007)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2830/no-medical-certificate-you-can-still-run-fmla-leave-with-pto "