Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
How many employees does the company have?
Has she been using FMLA for her time off, meaning Family Medical Leave as approved by a doctor?
I have 6 employees. She has not been using FMLA, she has been using vacation and sick leave. I only asked her for the doctor's note yesterday when she finally came to work and then last night at 8:09 pm she sends a note where an alternative doctor told her she should be off work for a week to get some rest (nutritionist saying she was having trouble with spicy foods) So she barely gave me any notice that she would be out for another week after being out already this week
Well, you can use FMLA at the same time as vacation in order to provide you protection from termination for missing time due to medical issues.
That being said, she can't use FMLA because the company is not large enough. The company would require 50 employees before FMLA applied.
Furthermore, the company requires 20 employees before age discrimination laws apply. You can change her schedule as you wish in this situation, though it is helpful to at least explain your reasoning for doing so.
In regards XXXXX XXXXX supposed return date of 7/8, if I don't have the work do you suggest I just email or call her or send certified to her house letting her know not to come in. And then I can talk to her about changing her schedule when she comes in. Thanks alot
There is no special legal requirement for a certified letter. You can call or email and that has just as much legal significance.
Calling her seems the most judicious method of doing what you want here.