Life isn’t always predictable and there are sometimes emergencies. It could be an illness that you suddenly suffer from or that you have a family member that you need to care for. In either of these scenarios, you have the right to leave work for the time required up to a year without the threat of losing your job or getting a demotion.
This is called the FMLA and your employees are entitled to take advantage of this law. If they are faced with these types of problems they shouldn’t also face the prospect of losing a job. Although it might put the company in an uncomfortable position by having to find a replacement, the leave is unpaid so there isn’t a financial disincentive to do the right thing. Finding a replacement is much better than dealing with FMLA disputes in Nevada, after all.
In this article, we will go over the violations that are most commonly committed that you should avoid in your business.
1 – Deny leave
A qualified employee doesn’t have to ask for permission to use the FMLA law to request leave. They simply let the management know that they are qualified and intend to take advantage of the reasons allowed by the law. There are employees who may not qualify but it is up to the employer to know who those people are.
For instance, if an employee has been with the company for under a year, or worked less than 1,250 hours the previous year then they are not eligible to use the FMLA and expect to retain their job upon returning to the company.
However, the eligible employee is not asking for permission and so they can’t be denied leave no matter what you do. If you don’t configure things to allow the employee to come back to work then they will be able to bring a complaint against you.
2 – Mishandling benefits
During the leave, an employee’s benefits that they have accrued are supposed to continue. Life insurance can be paused or they can continue to pay it but they are not to lose their insurance provided through the company. In the case of health insurance, they will still have to contribute to keep the insurance but they can’t be kicked off of the rolls.
Any cost of living increases or privileges must also be maintained so they can enjoy them upon their return to the office.
3 – Requiring work from home
A leave from work means leave from work. If an employee is not able to work then they can’t be required to continue working from home. They are to be able to take a leave without worrying about any work requests or requirements for up to their allowed one-year term.
If you were to ask them to work you would be giving your employee a clear claim against the company. This is especially true if they are unable to work albeit from home.