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FMLA Requirements for a Small Business in California
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FMLA Requirements for a Small Business in California
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We have less than 50 employees and had a 'key' employee who went out on leave on July 1st, 2009 without any notification. Her leave orginally was for 30 days then was extended for an additional 2 mont
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FMLA Requirements for a Small Business in California

posted at 12/23/2009 12:09 PM EST
Posts: 1
First: 12/23/2009
Last: 12/23/2009
We have less than 50 employees and had a 'key' employee who went out on leave on July 1st, 2009 without any notification. Her leave orginally was for 30 days then was extended for an additional 2 months, then another 3 months and finally we received a 3rd extension of an additional 3 months. During this duration and the economic situation; we have adjusted our workforce and workload to the point that we no longer need to have this position filled. What is our rights as a small business? Are we required to reinstate this employee after they have been off for 9 monhts? Are we required to continue to pay medical benefits? She also has 7 days vacation time left for 2009 and has not contacted us to pay her for her vacation...I'm not sure if we are required to pay her for this time since she only worked half the year. Please advise.
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FMLA Requirements for a Small Business in California

posted at 12/23/2009 12:17 PM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
As you described it, there is no protection for the employee's position for the length of time you describe. You are also not obligated to continue employer paid health insurance.

You are obligated to pay the employee for any unused accrued vacation.

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