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Employee is overseas
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Employee is overseas
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An employee requested fmla to go overseas December 19 so that she can take care of her ill grandmother until Jan. 18. She has two weeks of vacation that she could use. She's told that she cannot take
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Employee is overseas
posted at 12/26/2010 11:00 PM EST
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Posts: 3
First: 12/26/2010 Last: 12/29/2010 |
An employee requested fmla to go overseas December 19 so that she can take care of her ill grandmother until Jan. 18. She has two weeks of vacation that she could use. She's told that she cannot take longer than two weeks because fmla will not cover for that. She did try to talk about at least being given two weeks of vacation and then one week of personal leave of absence. After there was an a agreement of just only two weeks, she accepted it...saying it was better than not to go and check up on her grandmother. Well, her flight landed there Dec. 21. Then on Dec. 24, she wound up getting malaria. Could this possible allow her to be eligible for fmla for herself if she could provide proof? What about if she comes back, does she not have to go to an actual doctor here and get a check up or is that up to HR? |
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Employee is overseas
posted at 12/27/2010 3:02 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
There are so many issues here.
1. Why only 2 weeks? FMLA can be as long as 12 weeks 2. Where the person is being treated, etc is irrelevant, send the fmla forms to the employee. 3. Do you have an HR person? 4. All of the above is of course based upon the belief that your company is covered under fmla |
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Employee is overseas
posted at 12/27/2010 1:15 PM EST
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Posts: 3
First: 12/26/2010 Last: 12/29/2010 |
two weeks because she took vacation and then she got ill. Would she have to stay there and get treated or have to come back to the US for treatment? We do have HR but situations are getting a bit rough here. |
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Employee is overseas
posted at 12/28/2010 11:19 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with HRPro to send out the documentation and get it returned BEFORE you decide whether this is FMLA or not.
Her own medical condition regardless of where she is WOULD fall under FMLA if it is a "serious medical condition" and she meets eligibility criteria. |
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Employee is overseas
posted at 12/29/2010 3:32 AM EST
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Posts: 3
First: 12/26/2010 Last: 12/29/2010 |
Thanks guys. You're awesome! I appreciate the info because the employee wasn't the one who contacted HR, it was her father. The employee is being treated at the hospital overseas and couldn't contact HR herself. I think it was either her grandparent that contacted her parents over in the states and then they were the one to contact HR. Regardless, since she's ill, HR is to send the paperwork overseas...? |
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