Can a company deny an employee reinstatement after FMLA?
There are several exceptions to the reinstatement right. An employee may be denied reinstatement if: The employee would have lost the job even if he or she hadn’t taken FMLA leave (for example, because the employee’s department was eliminated). The employee can’t perform an essential function of the job.
What are the new FMLA forms for employers?
The Department of Labor (DOL) revised Family and Medical Leave Act (FMLA) forms this summer, resulting in extensive changes that require more specific information in notices and medical certifications. The use of the forms is optional; employers can still create their own, though many HR professionals rely on the templates from the DOL.
Can a job be restored during a FMLA leave period?
An employer would have the burden of proving that an employee would have been laid off during the FMLA leave period and, therefore, would not be entitled to restoration. Restoration to a job slated for lay-off when the employee’s original position is not would not meet the requirements of an equivalent position.
Do you have to requalify after FMLA leave?
Upon return from FMLA leave, an employee cannot be required to requalify for any benefits the employee enjoyed before FMLA leave began (including family or dependent coverages).
The Department of Labor (DOL) revised Family and Medical Leave Act (FMLA) forms this summer, resulting in extensive changes that require more specific information in notices and medical certifications. The use of the forms is optional; employers can still create their own, though many HR professionals rely on the templates from the DOL.
When does an employee fail to return to work after FMLA?
employee fails to return to work following the FMLA leave unless the employee does not return because of circumstances that are beyond the employee’s control, including a FMLA-qualifying medical condition. Benefits Other than Health Insurance An employee’s rights to benefits other than group health insurance while on FMLA leave depend upon
How often do employers have to give FMLA notice?
employer must provide this information to the employee upon request, but no more often than once in a 30-day period and only if leave was taken in that period. If the requested leave is not FMLA-qualifying, the notice may be a simple written statement that the leave does not qualify and will not be designated as FMLA leave.
How does the FMLA form work for intermittent leave?
The form states that, “Each time an employee takes FMLA leave, the remaining leave is the balance of the 12 weeks not used during the 12 months immediately before the FMLA leave is to start.” “While this sentence is a useful description when the start of the leave is continuous, it is not necessarily true for an intermittent leave,” he said.