Alabama Letter Advising Employee that FMLA Leave Has Been Exhausted
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FAQ
An employee has no absolute right to continued employment under either workers' compensation or the ADA after FMLA leave has been exhausted and they cannot return to work. However, an employer should consider options other than termination before terminating the employee under this circumstance.
Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.
There is no administrative exhaustion requirement for FMLA suits.
Understanding Key Employee It refers: to an employee who owns more than 5 percent of the business, owns more than 1% of the business, and has annual compensation greater than a certain amount or is an officer with compensation greater than a certain amount.
An employee has no absolute right to continued employment under either workers' compensation or the ADA after FMLA leave has been exhausted and they cannot return to work. However, an employer should consider options other than termination before terminating the employee under this circumstance.
Dear (Supervisor / HR Manager): Please be advised that I hereby request an FMLA leave for a period of (number of weeks) in connection with my serious health condition. The leave is to start on (date). Attached is my medical note reflecting the need for FMLA leave.
(Q) How much FMLA leave may I take for qualifying exigencies? An employee may take up to 12 workweeks of FMLA leave for qualifying exigencies during the twelve-month period established by the employer for FMLA leave. Qualifying exigency leave may also be taken on an intermittent or reduced leave schedule basis.
In other words, you have to have a medical doctor document in writing that burnout has led to a diagnosable condition covered under FMLA in order to take the unpaid leave. Some burnout-related diagnoses that qualify include chronic back pain, irritable bowel syndrome, severe depression and substance abuse disorders.
A Key Employee is one who in the prior plan year met one or more of these criteria:An officer of the company earning $185,000 or more annually;A 1% owner with a salary of $150,000 or more; and,A 5% (or more) owner regardless of salary.
The court stated unequivocally, job burnout and job fatigue do not constitute FMLA-qualifying medical conditions, especially when they are unaccompanied by any medical evidence, as is the case here. Indeed, other courts have similarly rejected employees' arguments by employees that they suffered from an FMLA
