Q: One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave. He has enough sick time to cover the absence. In this situation, can the employee choose not to take FMLA leave, either because he has not specifically asked
Two Medical Conditions Can Equal One FMLA Serious Health Condition
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As evidenced by a recent federal court case, an employee may be able to add up two medical conditions
Requiring Employees to Return to Work With No Restrictions or To Be “100% Healed” is a Huge Risk for Employers
There must be something in the water. Over the past few months alone, I have reviewed a number of employers’ policies and correspondence regarding an employee’s return to work from a leave of absence. What has been surprising to me is the number of employer policies that require an employee to return from leave with