PrintWhen poor health prevents an employee from working for an extended period, employers must understand how to deal with a habitually sick employee and their absence. There are many misconceptions about the FMLA, so the best course of action is to refresh all managers on the provisions of the law and open communication with employees who appear to need extended absences.
Communication is essential. First ask your employee when they expect to resume a regular work schedule. Explain what your needs are, and see if you can reach an agreement. Then if the employee cannot return to work in the short term, recommend they take leave in accordance with the Family and Medical Leave Act .
FMLA applies to private employers with 50 or more employees within a 75-mile radius. Any employee who is unable to work because of a serious illness (either their own or a family member’s), and who has worked for you for a minimum of one year and at least 1,250 hours during that year, must be granted up to 12 workweeks of unpaid leave in a 12-month period. The time can be taken intermittently, depending on how the illness affects the employee.
If you provide your employees with medical benefits, you also are required to maintain group health-insurance coverage for an employee while they are on FMLA leave. If the employee decides not to return to work, you can discontinue medical coverage.
An employee who needs intermittent leave or reduced hours must arrange a schedule that does not unduly disrupt your operations. If an employee can foresee the need to take FMLA leave, they must give 30 days advance notice. As an employer, you are also entitled to ask for verification of illness from a health-care provider.
When the employee returns, they must be restored to their original job or one nearly identical in pay, benefits and other employment terms. However, this doesn't apply if the employee's return to their original position will disrupt your company's current operations.
In addition to clearly communicating the parameters of FMLA to your employees, you're also responsible for precisely documenting all arrangements made for your employees under the law. You are required to keep such documentation for three years. Read more about exactly what information you're required to keep in our article, Record Keeping and the FMLA.
