FMLA while on layoff

Mae_hasna

An employee on temporary layoff suffered a stroke and was in coma for a while. One of our HR Reps went to see him in the hospital and we are glad he is recuperating very well. We don't have a recall date for laid off employees but not all will be recalled. We never considered FMLA in his case. The question is, should we? Or do we send out FMLA paperwork when the recall begins and he's not well enough to return. The list of employees to be recalled is not approved yet, so we don't even know if he is eligible. I want to know what our legal obligation to him is. Any thoughts will be appreciated.

Down_the_Middle

In my world, this individual would not be eligible for FMLA while on an inactive lay-off status. This person would be eligible to apply for FMLA upon RTW. Your situation may be entirely different based on your past practices, CBA in place, written communication given to employee at time of lay-off, or even state law...........

Don D

I agree with Down The Middle. FMLA is a federal entitlement meant for actively employed people. FMLA is nothing more than a requirement that employers, under certain circumstances, grant time off from work and return the person to work at a later date. If not, anybody on layoff could get themselves diagnosed, approved for FMLA and ensure their return to work. Naaahh.

Dorrie D

The employee must meet the other criteria of having been employed at least 1,250 hours in the previous 12 months. So, it is possible that the individual recalled from a lay-off would not meet that criteria.