Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. Ray here to help you today.
The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee's worksite. Employers with fewer than 50 employees can also choose to provide benefits similar to those required by the FMLA, and many find it beneficial to do so.Are you wanting to provide FMLA here even if you are under 50.Thats possible.
Here is the form you would use for such leave, you are free to use them as an employer even if you are under 50..
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
You would just do this voluntarily if you want to offer unpaid leave.You can use the form above here for anyone wanting such unpaid leave.
I appreciate the chance to help you today.Thanks again.
If you don't want to offer such leave then as a small employer once they use up paid leave you would have right to terminate them for no show..
You would want a doctor note here for the days they will be out on paid or unpaid leave.You would want them to give you a return date here.If they are out of leave then you dictate terms for all. And you have to balance that with running a small business.It is a real hardship and you decide how long you want to give them.Ask for a letter/note with a return date and a doctor letter for those dates they are going to be off.Thats reasonable for your file.
And you have option to use the FMLA form and their rules if you choose to do so.