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PDF Editor FAQ

How long does an employer have to hold a job for someone on medical leave?

In the US, at a federal level, the governing law is FMLA or the Family and Medical Leave Act. It requires employers to allow an employee to take up to 12 weeks of medical leave in a 12 month period. There are a number of requirements for FMLA to apply to a given individual, i.e. the individual must have been working for the employer for the past 12+ months, must have worked a certain number of hours within the past year, employer must be of a certain size, etc.Is it possible to put an employer in a position where they are required to grant a LONGER medical leave?Absolutely.Employers, for example, cannot require that an employee use an accumulated time off benefit during their medical leave. The employee is still held to the normal standards of using that time off benefit if they wish to use that benefit outside of their medical leave.As an example, an employee could request to use two weeks of their accumulated vacation time and then rather than returning to work at the end of their vacation, they could request to take a 12 week medical leave. The employer cannot require that the 12 week medical leave start from the employee’s first day of vacation and the employee could take 14 continuous weeks off during which their job is protected.Things get specific very quickly. It’s generally wise to talk to an HR professional within your company if you believe that the company is capable of acting in your best interests. If you do not believe the company is capable of doing so, you may find it worth while to consult with an employment attorney about your legal options.

What is the most disgusting thing you have ever had to terminate an employee for?

Well, this happened to my wife, not me.My wife’s had a 25-year career as an HR professional. She started out as a recruiter, but she’s done everything from payroll management to terminations to responding to legal challenges to unemployment claim denials.The unfortunate termination revolves around FMLA. FMLA, or Family and Medical Leave Act, provides for unpaid leave for employees when medically necessary for themselves or immediate family members. Wife gives birth? FMLA authorized. Need time off for chemo? FMLA authorized. Kid has a concussion during recess? FMLA authorized. There are some exceptions and restrictions, but generally speaking, that’s how it works.Even some elective medical procedures are considered okay for FMLA. For example, you couldn't get FMLA for a rhinoplasty procedure when the reason is “I just wanted to be cuter,” but you could have a breast reconstruction procedure following a mastectomy and that passes muster under FMLA and leave would be authorized.So. I told you all that to tell you this.An employee requested a month of FMLA leave for a medical procedure. It was an elective procedure, and as it turned out, it wasn't authorized under the Act. So wife’s employer declined.Ms. Employee went and had the procedure anyway and faxed in a letter from her doctor saying that FMLA leave was necessary because following the procedure, it was painful for her to walk and sit.What?Well, had she gotten the letter *before* the procedure, Employer would have made an exception per corporate policy (they did permit exception cases if the doctor involved provided a written request and explanation) — which she did, but after the fact. So Employer made an exception to the exception and authorized her normally-not-authorized FMLA leave.She returned to work and everyone figured it was dealt with. Well, that’s what my wife thought until Ms. Employee started showing before and after pictures to her coworkers.When my wife terminated her, she had to explain that showing before and after pictures of your freshly bleached anus is not acceptable workplace behavior.Oh, did I leave that part out at the beginning of the story?Epilogue: my wife had to explain, in detail, what anal bleaching was to her very prissy and religious VP, who didn't get what was going on. And she wanted to know how my wife knew what it was.Well, DUH. My wife didn't know what it was before the whole thing started, but she had to handle all the documentation, research the permissibility of the procedure and Google “anal bleaching” on her PC at work.My wife was not paid enough at that job.

Can my employer replace me while on medical leave?

Here’s the thing about the FMLA (Family and Medical Leave Act) — it’s only protects your job while you are on leave.If you go out on leave, you should expect to be replaced.Temporarily.But if the person who replaced you temporarily does a substantially better job than you were doing, AND it can be proven that your prior performance was not a result of the medical condition for which you requested leave, AND not because you are a member of a protected class…Expect your employer to replace you shortly after you return, now that you are no longer on medical leave, and therefore able to return to work.Because you are no longer on leave, your job is no longer protected by the FMLA.You are giving the person who replaces you temporarily an “extended job interview”, for the duration of your medical leave;While it’s not really that great, these sorts of things can, and do happen.Employees should not expect loyalty from their employer, neither should employers expect their employees to stay, should a better offer come along.

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