South Dakota FMLA Leave Periodic Status Report

State:
Multi-State
Control #:
US-265EM
Format:
Word; 
Rich Text
Instant download

Description

This form should be completed by an employee during a periodic inquiry by the employer as to whether an employee on FMLA Leave intends to return to

How to fill out FMLA Leave Periodic Status Report?

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FAQ

FMLA leave is unpaid leave. However, workers may choose to, or employers may require them to, substitute accrued paid sick, vacation, or personal time for FMLA leave. Substitute means that the paid leave provided by the employer will run concurrently with the unpaid FMLA leave.

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

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.

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.

Records pertaining to FMLA leave Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted.

The state has adopted FMLA provisions for state employees. For the 12 weeks provided under FMLA, employees may use a combination of sick, personal and vacation leave, and leave without pay. State employees earn 14 days of sick leave per year.

Yes, both employees are eligible to take paid family leave. The employees may take PFL at the same time but are not required to do so.

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

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.

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.

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South Dakota FMLA Leave Periodic Status Report