FMLA after spouse died

blw

I have an employee who went out on FMLA effective 4-19 for serious health condition of her spouse. Spouse died. Am I correct that FMLA entitlement ended when he died?

She may want to come back to work, but not right away. Does she lose the right to same job? We will try to work with her, but I want to know where I stand legally.

smaces_twin

You are correct the current cert. you have has ended. They could now get FML if they have a serious health condition as a result. If they can't get back on their feet by the time your bereavement leave ends I would push them to FML.

I know you have a company to run, but their spouse dies and they need extra time off, then they come back and their job is gone? Bad move. Don't do that.

Don D

What you have from the moment of his death is the same as you would have if any employee's spouse dies.

dchr9203

Yes, FMLA ended with death of spouse. Her leave would now be considered "personal leave of absence" under your leave policies, unless she qualifies under FMLA with another condition. We typically give a spouse two weeks of leave and then work with a flexible schedule for about a month after that so they can take care of the business matters associated with this type of situation. We would not hold a position indefinitely, nor would we be legally required to in this case.