Florida Letter Advising Employee that FMLA Leave Has Been Exhausted
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How to fill out Letter Advising Employee That FMLA Leave Has Been Exhausted?
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FAQ
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
For essential workers, particularly medical workers on the COVID frontlines, burnout is a reality. Most people and courts can agree certain conditions qualify as a serious health condition under the Family and Medical Leave Act, such as cancer, diabetes, post-traumatic stress disorder, and COVID itself.
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
Discrimination: Termination due to race, age, sex, pregnancy, national origin, marital status, color, religion, or disability is illegal in Florida. You are protected from this type of termination if your employer has 15 or more employees (and in some counties, 5 or more employees).
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.
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
Employers cannot hold an employee accountable for work that was not completed during an FMLA leave, and employees cannot be disciplined, terminated, or otherwise retaliated against in any way for requesting or taking a leave.
If you are on FMLA leave, as a general rule, your employer cannot fire you as long as you don't exceed the allotted 12 weeks during a calendar year. That said, even if you take an extra day above the 12-week period, you could potentially lose your job because you are no longer under the FMLA umbrella.
Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. The only way to change that is to urge your state legislators to pass more protections for employees.
Under the FMLA and CFRA, an employee cannot be fired simply because he or she is on medical leave.
