Are you considered employed if you are on a leave of absence?
A leave of absence preserves the employment status if both employer and employee agree to its terms and if it guarantees or offers reasonable expectance of return to work. The employment relationship is preserved only if the employee intends to return to the employer and complies with the terms of the leave.
Can a employer ask about a medical leave of absence?
This is often a mistake. As a general rule, an employer should never ask about an employee’s underlying medical condition or diagnosis, either orally or in writing. If the employee has a serious medical condition, the leave may be protected by FMLA.
Can a pregnant woman take leave of absence from work?
It is important to note that the 50/75 rule does not apply to an employee who takes pregnancy disability leave. Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill.
When to take an occupational leave of absence?
An occupational leave, also known as Workers’ Compensation, is leave of absence is a medical leave of absence due to workplace incident, accident or occupational illness (job-related). This leave may be taken for a set period of time (e.g. six weeks), as a reduced schedule (e.g.
Do you have to give an employee an indefinite leave of absence?
Numerous courts have ruled that an employer is not required to grant an employee’s request for an indefinite amount of time off from work. But an employer does have an obligation to consider on a case-by-case basis whether it can accommodate an employee who requests a leave of absence for some finite period of time after his or her FMLA leave ends.
This is often a mistake. As a general rule, an employer should never ask about an employee’s underlying medical condition or diagnosis, either orally or in writing. If the employee has a serious medical condition, the leave may be protected by FMLA.
What are the requirements for a leave of absence?
Eligibility for a mandated federal or state leave of absence generally requires that employees have at least one year of service with the company, have worked 1,250 hours in the preceding year and work for an employer with 50 or more employees that work in locations within a 75-mile radius.
It is important to note that the 50/75 rule does not apply to an employee who takes pregnancy disability leave. Aside from taking time off for their own illness or injury, an employee may take leave to care for a member of the family who is seriously ill.
Can a company give you a voluntary leave of absence?
Voluntary leaves aren’t required by law. These leaves of absence are offered as a courtesy to employees per company policy or per a collective bargaining agreement with a labor union. Companies often offer medical or personal leaves to employees who have exhausted all of their time off and who don’t otherwise qualify for mandated leaves.