Tag: medical leave

Question: Can we require employees to use their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required,…

Question: If an employee is not eligible for Family and Medical Leave Act (FMLA) leave but was approved for an unpaid personal leave due to a medical emergency, are they also covered under the Americans with Disabilities Act (ADA)? Answer: There may be a requirement for interaction under the Americans with Disabilities Act (ADA). The…

Question: If we feel a medical certification is vague, may we ask for more specific information? This happens with soft tissue injuries such as back injuries that may or may not be work-related. Answer: The employee must provide a complete and sufficient certification to the employer if required by the employer. The employer must advise…

Question: When an employee is out for medical purposes or restrictions, can we refuse to allow the employee to return to work until we receive a doctor’s note saying she is able to return? Answer: Yes, as a condition of restoring an employee whose leave was caused by the employee’s own serious health condition that…

Question: Can a small employer terminate an employee who has been on leave for over 2 months due to a non-work related injury for job abandonment? The employee has not returned any calls or provided the required release certificate from a doctor. Answer: Without any medical certification of a disability/inability to work after such a lengthy period…