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When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave. Here are some tips to help employers manage the return-to-work process and decide if providing more leave is appropriate.
When an employee fails to return to work, any health and non-health benefit premiums that the FMLA permits an employer to recover are a debt owed by the non-returning employee to the employer.
Once the employee has exhausted his or her remaining FMLA leave entitlement while working the reduced (part-time) schedule, if the employee is a qualified individual with a disability, and if the employee is unable to return to the same full-time position at that time, the employee might continue to work part-time as a
Under the FMLA and CFRA, an employee cannot be fired simply because he or she is on medical leave.
Once the employee has exhausted his or her remaining FMLA leave entitlement while working the reduced (part-time) schedule, if the employee is a qualified individual with a disability, and if the employee is unable to return to the same full-time position at that time, the employee might continue to work part-time as a
While the employee is on leave, an employer can ask the employee to provide status updates, including asking the employee to obtain a second opinion regarding her condition. The caveat is that you may only ask the employee; you cannot ask anyone else about a particular employee's leave.
Generally no, you are not eligible for unemployment benefits if you take medical leave under the Family and Medical Leave Act and you cannot work.
The FMLA is not forever. The FMLA only provides employees with 12 weeks of leave in a 12 month period of time. After the 12 weeks are up, the statute does not give you job protection and your employer can, absent other legal protections, fire you if you cannot return to work.
Employees may take up to 12 workweeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements set out above.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.