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Consider certification, job duties in determining if FMLA applies

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in FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

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. Before finally approving FMLA leave, check to make sure the certification supports the idea that the em­ployee can’t do at least part of the job.

Note: Don’t assume that just because an employee can perform one or two essential functions, he isn’t entitled to leave.

Recent case: Jeff Pagel worked for TIN, a company that manufactures and sells corrugated paper products. Pagel was a sales account manager who traveled extensively. With six years’ experience at the company, he was earning commissions just shy of $200,000 per year.

About the same time TIN implemented...(register to read more)

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