Employer Responsibilities

sgarcia

One of our employees has used up the twelve weeks of FMLA time due to her. She has not been released to come back to work. She is now going on 14 weeks of time off. We are replacing her with an employee already on staff. Do we have to hold the open position for the employee who has been out on leave?

marc

Not after 12 weeks, unless you have a policy that allows more time, or unless the state of Texas does. Either way, the federal FML protection is over.

This assumes you have given proper front-end notice of FML which started the clock ticking.

Don D

No.