If a worker needs extended leave under the ADA, the employer may request medical documentation if it isn't obvious that the condition is an ADA qualifying disability, Kavulich noted. The employer should require all similarly situated employees to present certification.
An employer that doesn't apply its policy consistently could be vulnerable to discrimination or harassment claims, noted Anne Cherry Barnett, an attorney with Reed Smith in San Francisco. FMLA leave can run concurrently with other leave laws.
Employers should also note that a state or local law or the terms of a collective bargaining agreement may govern an employee's return to work. Some employers do not realize that workers' compensation leave may run concurrently with FMLA leave, Devitt said.
Keep in mind that in some states, such as California, employers can't ask for medical-diagnosis information or communicate with the employee's doctor about the employee's medical condition without the employee's consent, Devitt noted. Employers should use forms that are compliant with the California Family Rights Act, rather than the FMLA, so they don't ask unauthorized questions under state law.
Communicating with the employee about his or her leave status is important, Devitt said. Significantly, the employer must notify the employee when FMLA ends. If the employee represents that she or he has been released to return to work but hasn't provided a release as required by the employer's policy, the employer should ask again. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page.
By Lisa Nagele-Piazza, J. Reuse Permissions. Learn more in our free e-book: 7 most frequent HR mistakes and how to avoid them. Hi, I am using this info for a research paper.
Do you have this info available somewhere else. Here is no date for publication, I would need it to cite the source. Hi Dmitri, Thank you for asking! This article was published on December 20, Please let us know if you have any additional questions and best of luck on your research paper! This article indicates that someone must work hours in the previous 12 months to qualify for FMLA.
I also understood this as the employee must have worked for the employer for at least one year. Can you please confirm? Hi Peter, Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1, hours over the past 12 months and work at a location where the company employs 50 or more employees within 75 miles.
Learn how Insperity can help your business. This field is for validation purposes and should be left unchanged. Discover how we can improve your business. Subscribe When you are ready to subscribe click here. Federal Law. The FMLA entitles employees to take time off from work without pay for matters related to family emergencies and health matters that are covered under the act.
An employee can receive up to 12 weeks of leave, and up to 26 weeks for issues that relate to relatives who are service members and require care. There are eligibility requirements set out by FMLA relating to the employee's length of service and the size of the company in question. These are as follows:. Federal government websites often end in. The site is secure.
It also requires that their group health benefits be maintained during the leave.
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