We’re going to be slammed this month! Must we let employee remain on FMLA leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

We’re going to be slammed this month! Must we let employee remain on FMLA leave?

by on
in Employment Law,FMLA Guidelines,Human Resources

Q. One of our employees hurt her back lifting boxes. She has been off work for several weeks. We have been counting her absence against her FMLA entitlement. She was scheduled to return to work recently, but she now tells us the healing will take longer than expected. December is our busiest time of the year! Must we continue giving her leave?

A. Employees may take up to 12 weeks of unpaid FMLA leave in a 12-month period for a “serious health condition.” If your employee has not yet used 12 weeks of designated FMLA leave, you must continue her leave (assuming her injury still qualifies as a serious health condition).

There is no “undue hardship” defense under the FMLA, even though this is your busy season.
                                                                      
An employer may request medical recertification for a serious health condition if the employee requests an extension of leave or if the circumst...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment