Q. An employee took
A. It’s not clear why the state would be taking a position on when the employee’s FMLA leave begins. Ordinarily, FMLA leave that is based on the same condition for which an employee is receiving workers’ comp will run concurrently with the workers’ comp leave. The leave should run from Sept. 1 for up to the 12-week maximum.
If the employee takes the full 12 weeks of FMLA and still is not able to return to work, you should consider whether she has a disability protected by the ADA. If so, you should engage in the interactive process with her to determine whether she needs a reasonable accommodation, such as extended leave.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Your choice: Keep accurate time records ... or let jury decide number of hours worked
- Continued employment enough to bind employees to noncompete pact
- Hybrid labor model could fuel new economy
- Ask attorney to help set up independent contractor deals