Employees who take FMLA leave are usually eligible for reinstatement, but not always. If you were going to eliminate the position anyway, the employee may be out of luck. Before you deny reinstatement, be sure you can clearly show that the position was cut for reasons completely unrelated to the employee’s FMLA leave.
We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
If there’s no use-it-or-lose-it policy in place, employees can easily stockpile weeks of vacation or personal leave. Should they become ill, they may try to use that time as a substitute for FMLA leave. If an employee asks you to approve an especially long vacation, and you suspect the underlying reason may be a covered condition under the FMLA, beware automatically rejecting the request.
Think you can split your business into separate entities to avoid being covered by some laws like the FMLA—and maybe limit the amount employees can collect if they sue under Title VII? Think again. That won’t work if the entities retain a centralized management structure.
To be eligible for FMLA leave, employees have to show more than that they suffer from a serious health condition. They must also show that they can’t perform at least one essential job function because they have that condition or are undergoing treatment for it. For employers, that means it’s necessary to compare the employee’s certification and his job description.
The beginning of the school year finds many anxious parents needing to take some time off from work to deal with school issues. But the FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Follow our link to find out what state laws may apply instead.