You have an employee who says they are dealing with a medical condition and need leave or other time off from work. What are your legal obligations? How do you balance the needs of your business with the needs of the employee?
There are a variety of laws related to employees needing medical leave. The two most prominent federal laws are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). The interaction between these two laws, and when they apply, is our focus here.
FMLA Basics
If your business is covered by the FMLA, eligible employees may take up to 12 weeks of leave per year for qualifying reasons related to their own medical condition.
The first question is always whether the employer is covered by the FMLA. Private sector employers are subject to the FMLA if they have 50 or more employees in at least 20 workweeks of that current calendar year or the one before. Public agencies are subject to the FMLA regardless of size.
The second question is… Read the complete article here...
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