Alex How long does an employer have to give you for medical leave?
For companies subject to the Family and Medical Leave Act (FMLA), employees are provided with up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In some instances, paid leave may be substituted for unpaid FMLA leave.
How many weeks of unpaid leave do you have under FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking 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.
Can a company offer paid or unpaid medical leave?
For instance, a company can offer paid or unpaid medical leaves, however, it has to offer the number of paid medical leaves stated in the law. Another example is FMLA allows 12 weeks per year as medical leave and the company must hold employee’s position for this long.
What happens when you take a medical leave of absence?
If you take a medical leave of absence that is covered by the law, you are entitled to have your original position restored back to you or another position that is equal. For example, Tammy was a full-time employee at a multinational package and delivery company working in the financial accounting sector.
Do you have rights after 12 weeks of medical leave?
Sometimes, 12 weeks of leave isn’t enough. If that’s the case, you may have additional rights under the Americans with Disabilities Act (ADA). Depending on your situation, you may have the right to additional time off or other accommodations.
What happens after 12 weeks of FMLA leave?
Another common misconception is that, once an employee has exhausted his or her 12 weeks of FMLA leave, the employee’s job protection rights end and the employee may be terminated if he or she cannot return to work. This is not necessarily true.
For instance, a company can offer paid or unpaid medical leaves, however, it has to offer the number of paid medical leaves stated in the law. Another example is FMLA allows 12 weeks per year as medical leave and the company must hold employee’s position for this long.
Many employers must offer employees 12 weeks of leave for their medical conditions and medical conditions of their families necessitating leave under the Family and Medical Leave Act (FMLA).
Can a company treat an employee on medical leave differently?
In granting unpaid leave requests, employers must avoid treating similarly situated employees differently. Short-term and long-term disability insurance policies offer income protection (cash benefits) to people who are unable to work for medical reasons. Generally, these policies do not offer job protection.
Can You Lose Your job because of a medical condition?
Employees who miss work because of medical conditions might worry about losing their jobs, and for many, this fear may be justified based on past employer behavior. Some companies may try to terminate employees who fall ill or are injured. However, there are certain laws in place that protect employees who are faced with these situations.
What are the rules for returning to work after leave?
Rejoining duty on return from Leave on medical grounds i. An employee who has been granted leave on medical certificate is required to produce a medical certificate of fitness before resuming duty. ii. Leave sanctioning authority may secure second medical opinion, if considered necessary. Rejoining duty before the expiry of leave
Many employers must offer employees 12 weeks of leave for their medical conditions and medical conditions of their families necessitating leave under the Family and Medical Leave Act (FMLA).
Do you have to go back to work after medical leave?
There are steps you should take during your medical leave to make the transition back to work smooth. Your medical leave may fall under the Family and Medical Leave Act (FMLA). However, don’t assume that because you have a job, you have FMLA. Your employer is not required to offer FMLA to staff unless they employ 50 or more employees.
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.
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.