Tag: leave

Question: When an employee is on leave and chooses not to elect COBRA continuation coverage, can he continue coverage when he returns? If he does not return and terminates employment, can he elect COBRA based on a termination date separate from the leave period? Answer: Check your health care plan document to determine how the plan handles…

Question: We have an employee who does not qualify for federal Family and Medical Leave Act (FMLA) leave. We would like to know what other types of leave are available to the employee. What are the eligibility requirements for the various leaves? Answer: This answer would largely depend on the company size and/or location, as…

Question: With a paid time off (PTO) program, do we need to track hours for sick use when an employee goes on medical leave? What is the best method using Quickbooks to illustrate PTO on the check stub? Answer: When utilizing paid time off (PTO), all sick and vacation hours are allocated to one bucket…

Question: When an employee seeks “baby bonding” time, what documentation is required? Answer: For the purposes of baby bonding, there is not a specific documentation that is necessary. You can require a birth certification, court order for foster placement, or adoption documents for determination of the 12-month period the leave may be used following birth.

Question: In regards to benefit maintenance and payment of premiums while an employee is on leave, can we ask the employee to remit a personal check or deduct a lump sum amount from wages upon return from leave? Answer: Yes, you can have a voluntary arrangement to maintain benefits while on a leave, which can…

Question: Can you require employees to return to work from Family and Medical Leave Act (FMLA) leave without restrictions or terminate employment? Answer: An employee seeking to return from Family and Medical Leave Act (FMLA) leave may return with or without restrictions. In returning an employee who may have work restrictions, an employer must then…

Question: Does the Americans with Disabilities Act (ADA) apply when an employee is not eligible for leave under the Family and Medical Leave Act (FMLA)? What paperwork is necessary? Answer: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave, an employer should explore its obligations to grant unpaid leave in…

Question: Does paid time off (PTO) have to accrue while an employee is out on Family and Medical Leave Act (FMLA) leave? Answer: FMLA regulations do not require an employer to continue paid time off (PTO) accruals while on leave unless they allow PTO to accrue for employees on other unpaid leaves. While an employer may have…

Question: If someone is eligible for Paid Family Leave (PFL) benefits, does that entitle the employee to a leave? Answer: Eligibility to Paid Family Leave (PFL) benefits does not entitle an employee to a leave. The employee needing a family leave should be instructed to follow the employer’s standard practice for requesting time off. The…

Question: Are there limitations for reinstatement when an employee is on leave under Pregnancy Disability Leave (PDL) and the company has changed shift schedules for all employees? Answer: Under Pregnancy Disability Leave (PDL), a woman who takes a pregnancy disability leave and returns within the four-month period is guaranteed the right to return to her…