The legal answer to this question depends on whether this policy applies to any employee who is on a leave of absence, or only employees on FMLA leave.
Joint employment issues under the FMLA differ from those under the FLSA because the FMLA requires one employer to be primarily responsible for the maintenance of employee leaves of absence.
I have a question regarding the 1,000-hour vesting/participation requirement related to disability: Employee A works 400 hours as an active (regular) employee. At that point, the employee gets a temporary disability (because of nonwork related activities) and no longer performs work, but is not terminated and remains an employee. In this case, does the 1,000-hour rule get waived since there is a disability? Or does it stay in place since there was no termination event? Thanks for any help/insight.
—Counting the Hours, assistant controller, construction trades, Rancho Dominguez
Walk over to whichever file you keep your handbook, look for the date it was last updated, and if it is anything earlier than 2014, it’s time for a deep review.
I’ve written before about the need to put the human back in human resources. The EEOC apparently agrees with me.
When in doubt, offer conditional FMLA leave, and confirm with the statute’s medical certification process.
An employer’s discouragement of an employee taking FMLA leave can violate the act, even if the discouragement is ineffective.