An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
(1) “Eligible reasons for leave to be granted to an employee are: * birth and care of the newborn child of an employee; * placement with the employee of a child for adoption or foster care; * to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.”
The employee requested to return to work after 11 weeks, his new manager approved his return along with his pay prior to his leave from the company. The employee’s request for payment of his salary while he was on leave for 11 weeks was not approved.
The company would not be in violation of FMLA rules if the new manager decides not to pay the employee. (1)FMLA states that leave is to be unpaid and therefore the company has the right not to pay. The company complied with all the FMLA eligibility rules when they granted leave and reinstated the employee to his original position and pay rate at the end of his 11 week leave to care for his wife and new born children.
If the company provides sick or vacation time an employee can take this during their time off. It’s an unfortunate situation for the employee and the company. The returning employee’s original manager left the company during the employee’s leave and approved his being paid during his leave I feel the
Citations: 1. FMLA rules (n.d.) Retrieved from http://www.dol.gov/dol/topic/benefits-leave/fmla.htm 2. ADEA rules (n.d.) Retrieved from http://www.dol.gov/dol/topic/discrimination/agedisc.htm 3. 2010 ADA Standards for Accessible Design (09/10/10) Retrieved from http://www.ada.gov/ 4. Elevator requirements regarding “ADA” (n.d.) Retrieved from http://www.shrm.org