Q. One of our employees is taking
A. The new final have revised the employee’s obligation for scheduling leave for planned medical treatment. Formerly, employees had to make a “reasonable attempt” to schedule appointments so they did not unduly disrupt the employer’s operations. Now they must make a “reasonable effort.”
The U.S. Department of Labor (DOL) has stated that once an employer can establish that its operations are being unduly disrupted by the employee’s scheduling practices, the employee “must try to arrange treatment on a schedule that accommodates the employer’s needs.” Even so, the DOL recognizes that it may not always be possible for an employee to meet that requirement.
An employer, nevertheless, still can require the employee to make serious and reasonable scheduling efforts.
- Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks
- Interpret Military Leave Law in Most Employee-Friendly Way
- Squeeze the most value from your EAP
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- Require use of vacation time if you know FMLA doesn't apply