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Nov14

Reinstating full hours after disability leave in small business setting

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Do  fmla and short disability leaves rules, including hiring and firing and reassigning work hours, apply to businesses of less than 15 employees? Specially when employee who left abruptly due to pregnancy is asking to reinstate her full hours after 3 month of leave.

No, a business with less than 50 employees is not covered under FMLA. (It might be covered under a state law, but you do not tell us which state you are in.)

Even if FMLA applied, the employee must take steps to keep the employer informed about the absence, fill out FMLA paperwork, have the serious health condition certified by a doctor, and stay in touch with the employer. The employee did none of these things.

FMLA does not require an employer to reinstate an employee who has quit. It is a very specific type of short term, unpaid leave.

Tags: employee, FMLA, pregnancy, quit, short term disability

This entry was posted on Saturday, November 14th, 2009 at 8:30 am and is filed under
Hiring and Staffing, Human Resources Management.
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