Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
This case was not handled by our firm. However, if you have any questions regarding this case, or any employment matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
The Family Medical Leave Act (FMLA), entitles an eligible employee to take up to twelve (12) workweeks of job-protected, unpaid leave during a twelve (12) month period for most qualifying reasons, or up to twenty-six (26) workweeks for military caregiver leave.
Under the FMLA, covered employers are assessed with specific requirements to provide information to employees about their rights for FMLA-qualified leave. One of the most important and initial responsibilities of any employer, is the requirement that the employer post a notice, approved by the Secretary of Labor, explaining the employees’ rights and responsibilities under the FMLA. Along with this posted notification, an employer must also include information about the employee’s rights and responsibilities under the FMLA in the employee handbook or other written materials, including any collective bargaining agreement entered between the parties. If handbooks or other written materials do not exist, the employer must provide general written guidance about the employees’ rights and responsibilities under the FMLA whenever an employee requests leave.
If an employee requests qualified FMLA leave, the employer must also provide a written designation of the leave as FMLA leave, and provide the specific expectations and obligations of the employee whom is requesting such leave. The employer’s notice should be provided to the employee within one (1) to two (2) business days after the employer receives notice of the employee’s need for leave, and is required to contain the following information: (a) that the leave requested will be counted against the employee’s annual FMLA leave entitlement; (b) any requirements for the employee to furnish medical certifications, and the consequences of failing to provide those certifications; (c) the employee’s right to elect to use accrued paid leave for unpaid FMLA leave, whether the employer will require the use of any paid leave, and the conditions related to using paid leave; (d) any requirement for the employee to make co-premium payments for maintaining group health insurance, and the arrangement for making such payments; (e) any requirement to present a fitness-for-duty certification before being restored to his/her job; (f) rights to job restoration upon return from leave; (g) the employee’s potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and (h) whether the employee qualifies as a “key” employee, and the circumstances under which the employee may not be restored to his or her job following leave.
Under limited circumstances where restoration to employment will cause “substantial and grievous economic injury,” to its operations, an employer may refuse to reinstate certain highly-paid, salaried “key,” employees. In order to do so, the employer must notify the employee in writing of his/her status as a “key,” employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.
This case was not handled by our firm. However, if you have any questions regarding this case, or any employment matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
If you are an employer and are seeking compliance with the FMLA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: dol.gov
29 C.F.R. §825.300