Strategies for Continuous (and Intermittent) Medical Leaves

By John Mavros Attorney at Law, Partner, Fisher & Phillips, LLP | August 24, 2014

Co-authored by Lonnie Giamela, Partner, Fisher & Phillips, LLP

Have you ever scheduled an early-shift employee to cover for a late-shift employee who has just taken medical leave? The covering employee probably was not excited to have to work that extra shift. While the logistics of employee schedules can be difficult, it can be even more burdensome (and more important) to handle the employee's medical leave appropriately and in accordance with the law.

What do hospitality employers need to be mindful of when an employee takes a medical leave? This article discusses some of the strategies and principles that employers can use when medical leave issues arise.

The Family Medical Leave Act

The Family Medical Leave Act, also known as "FMLA," generally entitles an employee to twelve weeks of unpaid, job-protected leave for the employee's serious medical condition, or for the serious medical condition of an employee's immediate family member. FMLA does not apply to all employers. Only employers who operate with 50 or more employees are covered under the FMLA leave. FMLA also does not apply to all employees. The employee must have worked at least 1,250 hours within the twelve-month period preceding the beginning of the requested leave and they must have worked at a location with 50 or more employees within a 75 mile radius. Employees also must have been employed for at least a year.

Eligibility Depends on Hours Worked

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