After listening to my colleagues panel on leave of absences, I learned that it is not just the FMLA that you have to comply with and instead it is a combination of both the FMLA and the ADA to determine an employee’s leave request as well as always ask a return-to-work date. Failing to do so may lead to not having to accommodate the leave.
What was most interesting about this is making sure that you know or find out:
• Does the employee have a disability and
• Is there a return date
If yes, can you reasonably accommodate
I believe the most important part of the panel discussion was around making sure that managers and supervisors are trained and understand FMLA and ADA, especially if they do not have an HR department or at the very least to know when to partner with HR. Failing to understand the process can lead to huge liabilities. Far too often employers ignore leave requests and once the DOL gets involved, it is too late to course correct.
The DOL publishes a lot of information regarding FMLA and employers should take advantage of this resources.
Additionally, the panel discussed FMLA for Feral employees. I learned that they have the option to have paid FMLA instead of unpaid because they can use the sick leave or the annual leave.
The other paid leave is, when an employee runs out of annual and sick leave and say the employee is on FMLA. The employee is allowed to volunteer their leave to other employees so they can continue to receive paid leave while on FMLA.
This is demonstration how employees can support each other, especially if someone has exhausted all their sick and annual leave. This way there is no financial burden on the person going on FMLA.
This panel was very enlightening, and I enjoyed the pace and discussion.
Tulane University Capstone 2022 © 2022 by ilda Andaluz is licensed under Attribution-NoDerivatives 4.0 International