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New Hampshire Job Security Under FMLA

Posted by Tamara

Employees in New Hampshire frequently have questions regarding the federal FMLA laws and regulations. For instance, many people wonder whether or not the employer that they work for has to keep their job open while they are on leave. In a way, the answer to this question is yes. Under FMLA regulations, employers have to return an employee either to his or her previous job, or one that is similar to their old job.

Employees can take leave under FMLA when they have a child, or after the adoption of a child. FMLA leave may also be taken after the placement of a foster child.

The misunderstanding that frequently arises is that some people take this to mean that FMLA makes it a requirement for a person’s job to be held open. What happens at a business while an employee is out on FMLA leave is strictly up to each individual employer. What the Family and Medical Leave Act does stipulate is that workers are entitled to the same job, or one that is nearly identical to their old one.

Different employers generally choose to handle such situations in a variety of ways. One way to cover the extended absence of an employee is to use an employment service to provide a temp. The temp, of course, should be told up front that the job would only be temporary. Another alternative would be for the company to hire an additional permanent worker. They would need to tell the new worker, however, that once the employee on FMLA leave returns, his or her duties would change.

Sometimes, particularly in large organizations, there may be numerous people performing the same job. In such situations, an employer may not even feel the need to hire a temporary replacement. The other workers, depending upon how many of them there are, as well as the heaviness of the workload, might be able to simply cover for the absent employee.

In industries that traditionally have high turnover ratios, such as the hotel and food service industries, an employer might elect to go ahead and hire another permanent employee.

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