FMLA and Disciplinary Action

lobrien

We currently have an employee who was placed on administrative leave because of a pending investigation. While on administrative leave, the employee has requested FMLA. How do you handle that? The employee is already on leave, but I guess he wants his time protective under FMLA for medical reasons, but yet he is on administrative leave. Should we continue to pay him under administrative leave or have him use his own time if we decide he is eligible for FMLA?

Thank you for your insights.

Still Need Coffee

Does the employee qualify for FMLA? Assuming he does, without knowing the specifics of everything, I would probably run the 2 concurrently. The days he is out would count as FMLA, even if he's being paid for administrative leave. While the administrative leave period is going on, pay him per your policies. When the investigation and administrative leave end, he would have to use his PTO (it sounds like your policy is to require use of PTO with FMLA). Just remember to dock his FMLA bank by the appropriate number of days.

Sorry I can't be more specific, but it really depends on what your FMLA policy reads regarding concurrent leaves.

davids

I would convert employee to FMLA (assuming he is qualified) and require him to use his own leave if that is your organization's policy. He is still an employee and has rights under FMLA (again, assuming that he is eligible). If he is released to return to work prior to you having completed the investigation, you can put him back on administrative leave.