Tag: leave of absence

Question: If employees have concerns regarding the transmission of the Ebola virus from co-workers who have been in the proximity of an affected area, can these employees be absent from work? What type of absence would this be considered? Would these employees be eligible for Family and Medical Leave Act (FMLA) leave? Answer: The Centers…

Question: An employee is requesting a leave of absence due to fear of contracting the Ebola virus at work. How long may an employee be allowed to take leave and how long is the employer required to hold the position open? Answer: The employee does not have job protection if he is taking a leave…

Question: We have an employee who reached her 12 months of service mark while she was out on a nonfamily medical leave. Does her time on leave count towards the 12 months of service for federal Family and Medical Leave Act (FMLA) leave, and are we required to give her an additional 12 weeks of…

Question: When an employee is on leave, can the employee continue participating in a flexible spending account (FSA) program and make catch up contributions upon return to employment? Answer: Yes, the employee may make catch-up contributions to a health flexible spending account (FSA) upon returning from leave, assuming the employer’s benefit plan document allows for…

Question: We have a staff member who just had hip replacement surgery and is due back into the office very soon. If he does not return to work, can we terminate his employment? Answer: Any time an employee is deemed disabled by his or her doctor there is a high potential of liability and risk…

Question: Is a remote employee eligible for FMLA? Answer: To be eligible for FMLA leave, an employee must work for a covered employer and meet the following criteria: have worked for that employer for at least 12 months; have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and…

Question: Can an employer terminate health insurance benefits for an employee who is out on Workers’ Comp because the employee has failed to pay his share of the medical insurance premium for the past few months? Answer: This response is based on the assumption that the employee who is out on the medical leave of absence due…