When a Connecticut employee or any employee in the U. S. has a serious medical condition, or needs to care for an ill child, parent or spouse, they are entitled to unpaid, job-protected leave under the federal FMLA (Family and Medical Leave Act of 1993). When the FMLA leave is exhausted, the employee must be provided the same job, or one that is comparable in all aspects.

FMLA allows workers to take up to 12 weeks of leave per 12 month period. Some states have established their own laws at the state level to extend that leave. Once that leave is completely utilized, that worker must return to work.

In the event the employee is still unable to perform his or her job, the company is within its rights to terminate that employee. This option applies to all employers, including union employers.

Terminating a worker after being ill or caring for an ill relative may seem unfair, but understand that the employer needs to have someone working in that position. It is unrealistic to expect a company to keep a job open indefinitely in hopes that the employee will recover and return. Remember, too, that prior to the enactment of FMLA, could be and were fired for missing as few as two weeks of work.

The employer does not have the right to terminate, however, in all situations. If the employees operate under a collective contract, such as a union contract, and that contract provides them greater benefit, then the employer must comply with those terms.

Another exception to termination is if the employee’s condition resulted in a disability. The ADA (Americans with Disabilities Act of 1990) states that if a worker can perform his or her duties with some reasonable accommodations by the employer, the company must make those accommodations.

Lastly, the employer must apply these principles fairly and evenly. If in the past, other workers were allowed to extend their unpaid leave, then the company is required to provide that same option to all employees.

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This entry was posted on Tuesday, August 19th, 2008 at 2:43 pm and is filed under FMLA - Family Medical Leave Acts, Labor & Employment Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.