The Family and Medical Leave Act (FMLA) helps employees balance the medical needs of family members with workplace demands. The wrong employee management here, however, could put you in violation – and cost you big. Here’s what you need to know…
Only employees who’ve worked for you at least 12-months (1,250+ hours) prior to requesting leave are eligible. Businesses must also be eligible: Typically workplaces holding 50+ employees who work within 75 miles of its location, though this varies by state.
Employees can take up to 12-weeks of unpaid leave during a 12-month period, up to 26-weeks for military spouses. This can be a single 12-week period (or less), leave on an hourly/intermittent basis, or leave in the form of a part-time schedule. You may require your employee to use available paid time such as PTO, vacation or sick time first, but it is important to know that this will count against the 12-week allotment.
Proof of Injury
There are specific documents the employee has to provide to allow an employee to qualify for the FMLA, one being a “Certificate of Health Care Provider”. The employee must provide to the employer as evidence of a qualified disability.
Restoring your employee to their previous position is ideal, but not required. You MUST however, return the employee to an equivalent job, with equivalent pay, benefits, and terms of employment. You do have an obligation to keep your businesses running smoothly, but cannot demote those seeking leave to a subordinate position on-return.
Don’t let employee management mistakes leave you in a difficult position. Minnesota Comp Advisor is here to help. Contact us today.