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I know from working with Matrix clients that this rule is often unknown to or misunderstood by employers.
Here’s the situation: An employee fails to return his completed Certification of Health Care Provider within the 15 days allowed by the regulations (or longer if allowed by the employer).
Unfortunately, the law is silent about the employer’s options if no documentation is ever provided. The returning servicemember must be reemployed as soon as practicable under the circumstances.
Return after weekend duty or two-week annual training should generally be practicable on the next business day.
The CHCP supports Terry’s usage, saying his mother will need Terry’s care up to 2 days per week.
In this scenario: Discipline that has been imposed for absences that appear unexcused because a certification has not yet been received should be rescinded with respect to any now-FMLA-protected absences.
Please be aware, however, that these postings do not constitute legal advice.
As always, you should consult your legal counsel for advice on the correct solution based on the facts of your specific issue or situation.
So all the old material will be left here for archival purposes, with comments turned off.
For more information on how to manage productivity in the face of this and other employee leave and accommodation issues, contact your Matrix Absence Management or Reliance Standard sales representative or account manager, or call 1-800-866-2301.
Employers now know that they have to follow FMLA regulations “because I said so!
Reemployment following 5 years of active duty might take longer due to the need to assess the correct position and possibly give notice to an incumbent in the position the servicemember is entitled to hold. Under the escalator principle the employee may also be placed in a lower position or even laid off (for example, if the company went through reorganization or layoffs during the employee’s military service). A servicemember must be allowed to use accrued paid vacation (or presumable PTO) during military leave but cannot be required to do so.
The employee does not continue to accrue vacation during military leave, but any rights to vacation based on seniority must be provided upon return.
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For example, if an employee’s right to vacation time increases from 2 to 3 weeks based on length of employment and the servicemember crosses that threshold during military service, then upon return the employer must award vacation at the higher amount. An employee on military leave for 30 or fewer days can continue with health benefits coverage by paying the employee’s normal share of the premium.