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FMLA
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My understanding is that in order to qualify for FMLA a company has to have more than 50 employees and the employee has to be employed for 12 months. I have an employee who just informed me that she i
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Forums » Topic Forums » Recruiting & Staffing » FMLA
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FMLA
posted at 4/3/2008 10:20 AM EDT
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Posts: 2
First: 4/3/2008 Last: 4/3/2008 |
My understanding is that in order to qualify for FMLA a company has to have more than 50 employees and the employee has to be employed for 12 months. I have an employee who just informed me that she intends to request the 12 weeks of FMLA leave. At the time she expects to take leave, she will have worked for the company for less than 10 months. The shift that she works is an overnight shift where she is the only employee on duty. We are a small company of of much less than 50 employees and our staffing is at the level where we just have enough coverage and if someone is out on this shift, we have to pull in other employees to work overtime from the day shift. This also results in our being short staffed on other shifts. In addition, it requires at least six months of training before an employee can work independently. The employee has indicted she expects us to hold her position for her. My questions are do we have to hold the position for her and do we have to offer her any compensation during this period if we do hold the position. We are an at will state with no employment contract in place either. I appreciate any legal advice I can obtain. Thanks. |
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FMLA
posted at 4/3/2008 11:35 AM EDT
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Posts: 228
First: 11/1/2006 Last: 1/20/2010 |
You need to check with your state to see what they offer in FLMA. However, under the federal FMLA you have no obligation. You have under 50 employees and the employee has not 12 months yet. If you had 50 or more employees and the employee worked 12 months - you still wouldn't have to pay her. FLMA only offers job protection for up to 12 weeks. In the situation you describe you do not have to hold her job open. But again, check with your state. |
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