Tag: Leaves of absence

Question: When an employee is on Family and Medical Leave Act (FMLA) leave, what is the employer required to do with the employee’s other benefits? Which benefits need to be continued and what should we do if the employee does not make his co-payments while out on FMLA? Answer: FMLA regulations require that employers continue to provide…

Question: We sold one of our companies and all of our former employees moved to the new company. At the time of the sale, we offered one employee the option to return to us once we open a new facility (in about a month), and both the employee and the successor company agreed to this…

Question: Are we required to grant an employee’s request for a one-year leave to care for her newborn triplets now that her maternity disability leave is completed? (Our company has under 50 employees and is not subject to Family and Medical Leave Act (FMLA) leave requirements). Answer: In the absence of an FMLA requirement, the…

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…

From the Hotline: Designating FMLA

Question:  We are currently starting FMLA leave for an employee that has been out for 10 days.  Is that the best way to handle it? Answer: With appropriate certification, you should designate the FMLA leave on the first day of hospitalization and after 3 days of absence if there is the reasonable expectation that the…

Question:   How are employees counted for purposes of FMLA employer qualification? Answer: Employers are subject to FMLA if they are engaged in commerce or in an industry affecting commerce and employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The…