Email
Print
del.icio.us
digg
yahoo!
Comments
FeedFollow These Guidelines If Your Employee Is Pregnant, Disabled or Ill
If a serious health condition prevents the employee from working, the employee may take 12 weeks under the Family Medical Leave Act (FMLA). However, the employee must have 50 coworkers within 75 miles, 12 months of employment and 1,250 hours of work. When the employee seeks leave, the employer should conditionally invoke FMLA and require his care provider’s certification. Paid leave may be substituted for FMLA leave. The employer must continue paying its share of health premiums, and any bonuses based on perfect safety and attendance. It must reinstate the employee to the equivalent position when the leave ends, unless the employee is laid off or terminated, is designated key or cannot perform essential functions.
If the employee is disabled, he or she may take leave that plausibly allows return to the same vacant position, under the Americans with Disabilities Act. The leave must not cause the company undue hardship. When the employer discovers the medical reason for leave, it must: begin an interactive process; request information about the medical condition; and consider restructuring and reassignment options. Although either party can substitute paid leave, the employee receives no more benefits than similarly situated employees.
If disability is due to pregnancy, the employee’s physician decides the length of leave under the Employment Practices Law (EPL). The employee must be reinstated to her original job or a position of comparable status and pay, without loss of accumulated service credits and privileges. A medical certificate approving return may be requested.
If the employee cannot work due to work injury, he or she may take leave under the EPL, receiving temporary total disability payments. When the employer discovers the injury, it must notify Disability Compensation Division. It may seek medical exams, and move to suspend the employee’s benefits if the injury appears to be not work-related. If the employee rejects an offer of light duty, the employer may move to terminate TTD benefits. Although the work-injured employee may be discharged for excessive absenteeism, he or she retains first preference for positions that become available after the employee is discharged and returns. State law requires the employer to continue paying its share of health premiums up to three months for an employee not working for any of the above reasons.
Do you like what you read? Subscribe to Hawaii Business Magazine »
