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Aug29

FMLA and Replacement Workers

If multiple employees request FMLA at the same time can the employer hire per diem or part time help to cover the void of the missing employees until they return to their jobs?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees up to 12 weeks of unpaid, job protected leave for certain family and medical reasons. Employers may at times have multiple employees out on FMLA leave at the same time causing business operations to be affected.

Employers are permitted to hire temporary replacement workers to cover the staffing shortage. It should be made clear (preferably in writing) to the replacing workers that they’re positions are temporary.

If an employee on leave returns at or before the end of his/her protected leave and is able to perform the essential functions of the position, then the employee must be reinstated to his/her previous position or one that is comparable in pay, benefits, seniority, and duties. It’s always the safest best to return the employee to his/her prior position.

This entry was posted on Monday, August 29th, 2016 at 1:54 pm and is filed under
Hiring and Staffing.
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