When you or your employees are sick or caring for a sick family member, it’s a good idea to contact the Department of Labor (DOL) for assistance and to learn more about the many resources allowed to check if such leaves are covered underneath the Family and Medical Leave Act (FMLA). Under this important law, covered businesses must ensure that their employees’ employment is well-protected and provide them with appropriate unpaid leave for a certain period of time so that they can properly care for their families. Employees on FMLA leave are eligible to keep their group healthcare coverage under the same terms as previously.
William D King shares answers to very frequently asked questions from about COVID-19 and how it affects the CARES act. Let’s get into the details:
Q1: Who is eligible for FMLA leave?
Employees working for a qualified employer who meets the following criteria are permitted to take any such leave:
- Have at least a year of experience with the current organization
- Have at least a year of experience with the current organization
- Have volunteered for at least 1,250 hours in the last year
- Work somewhere with at least 50 people within a 75-mile radius.
Q2 Is it possible for an employee on FMLA leaves to stay at home in the event of a catastrophic flu outbreak?
The Family and Medical Leave Act (FMLA) protects qualified applicants who are unable to work due to a serious health condition, such as the flu, which might result in complicated situations. It’s also possible that they’ll need to look after members of their insured family who are suffering from a serious illness. Any leave taken by an employee to avoid becoming infected with the flu, on the other hand, is not covered by the FMLA. Organizations should encourage sick employees to remain at home and/or work remotely if their symptoms resemble those of a pandemic flu infection or if they are exposed to sick family members. In such a moment of a health crisis, the company should explore flexible leave policies for employees.
Q3 Some employees will be unable to attend work because they are caring for sick relatives. In such a case, will their employer fire them?
Several things influence the answer. If an employee is eligible (and covered) under the Family and Medical Leave Act (FMLA) and has to care for a family member with a significant medical condition, the employee is entitled to up to 12 weeks of job-protected leave without pay in any 12-month period. Family leave rules in different states may be similar.
William D King says that in those cases, covered firms must follow the state or federal law that provides the greater advantage to their own employees. In the case of layoffs, we recommend that you look into other choices such as telecommuting and prepare a specific plan for your business.
