FMLA during layoff
Rlsmarty
1 Post
My company issued a temporary layoff for one month. During this time period one of the employees has developed a medical condition that will require surgery. She will not be able to return to work on the specified call back date - she will be off 3 weeks past that date. Can an employee go from layoff status to FMLA?
Comments
[quote user="Rlsmarty"] My company issued a temporary layoff for one month. During this time period one of the employees has developed a medical condition that will require surgery. She will not be able to return to work on the specified call back date - she will be off 3 weeks past that date. Can an employee go from layoff status to FMLA? [/quote]
Subject to any of the recent changes, if you re-hire the employee, their FMLA eligibility is based on total months of service, hours worked in the prior 12 months, and the nature of the health condition they are experiencing. Given the language about "as soon as practicable" regarding a cert, you probably would have to preliminarily designate the leave as FMLA leave pending the cert and give them time to get it to you. There might be some room in there if the medical condition AND their recall dates were BOTH foreseeable.