Pennsylvania Letter Advising Employee that FMLA Leave is About to End

State:
Multi-State
Control #:
US-AHI-207
Format:
Word
Instant download

Description

This AHI letter is optional, as the law only requires you to inform employees of their FMLA entitlement when leave commences.

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FAQ

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.

Although district courts conflict on whether a disclosure of an employee's medical information constitutes an interference claim under FMLA, the Court finds that enforcing labor regulation makes clear that confidentiality of medical information is a right provided by and protected by the FMLA. Citations Omitted.

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.

Generally, courts find that fielding occasional calls and e-mails that relate to your job while on leave is a professional courtesy that does not interfere with FMLA leave. Therefore, a few work-related communications likely will not constitute interference with an employee's FMLA rights.

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

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.

A: Yes. An employee is allowed 12 weeks of FMLA protected leave in a 12 month time period. An employee could be covered for multiple claims as long as the total FMLA coverage does not exceed 12 weeks in a 12 month period and the employee has worked 1250 hours in the preceding 12 months of the request.

Unpaid sick leave: If you run out of sick leave, you can take unpaid leave at the discretion of your employer. Sometimes you can also take annual leave, depending on your contract. Your employer cannot fire you if you have been away for 3 months or less and you provide evidence of your illness or injury.

In general, when an employee is out, we recommend informing coworkers only that the employee is on a leave of absence. The reasons for the leave are not any of the coworkers' business, and the employee might not want the reasons known by others.

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

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Pennsylvania Letter Advising Employee that FMLA Leave is About to End