Does medical leave affect seniority?
provide for the accrual of seniority during a paid leave of absence, then the employer must permit, consistent with its policies, the accrual of seniority during any portion of FMLA leave that is substituted for paid leave, i.e., during FMLA leave that runs concurrently with paid 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.
What happens if an employee does not qualify for FMLA?
Significance. If employees do not qualify for FMLA leave, but take leave anyway, an employer may fire them unless they have contractual protections, such as a collective bargaining agreement. Labor laws do not require employers to retain employees who cannot report to work, even if the reason is legitimate and out of the employee’s control.
When does an employee not qualify for sick leave?
An employee will not qualify under Reason #3 if she simply believes that she may have COVID-19 but does not take affirmative steps, nor will the employee qualify simply because she has been asked to remain home by the employer, even when related to COVID-19 concerns.
How many weeks of FMLA can I take if I have a medical condition?
Misunderstanding #3: If an employee has a medical condition and needs to be absent from work, the maximum amount of leave to which the employee is entitled is 12 weeks of FMLA leave.
Who is eligible for the family and Medical Leave Act?
An eligible employee is one who: 1 Works for a covered employer; 2 Has worked for the employer for at least 12 months; 3 Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave *; and 4 Works at a location where the employer has at least 50 employees within 75 miles.
What are the rules for medical leave of absence?
It seems odd, but the number of people employed by the organization or company you work for maybe a significant factor in whether you have a leave of absence claim. There is a 50/75 rule which means there need to be 50 employees at your job-site, or 50 employees within a 75-mile radius of your job site.
How long does an employer have to give an employee for medical leave?
An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.
Who is eligible for FMLA leave of absence?
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who: Works for a covered employer; Has worked for the employer for at least 12 months;