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 herentitlement. 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 unpaidin 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)