Nevada Job Security Under FMLA
Posted by Tamara
Both employers and employees are often confused about what happens to the worker’s job when he or she is on FMLA leave (Family and Medical Leave Act). Several employees have asked if their company is legally required to “hold their job open”, while they are on leave. Employers are concerned that FMLA demands they “keep a job open” for the absent worker, meaning that the position remains vacant while the employee is away from the job.
These interpretations of the FMLA law are incorrect. FMLA addresses what happens when the employee returns from leave, not what happens while they’re away. The law stipulates that when the worker returns, he or she must return to the same position, or to a job with similar working conditions, pay and benefits.
Nevada employers are within their legal rights to hire someone to replace the worker during his or her absence. The federal government does not expect businesses to sacrifice themselves when an employee is out on leave.
Companies have several options when dealing with workload while an employee is away. The employer can use a temp service to hire someone just for the period the worker is absent. This additional worker may be hired simply for the duration of the employee’s leave, or with the understanding that his or her duties will change when the absent worker returns.
In a company where several employees have the same position as the absent worker, the workload can sometimes be divided among the remaining employees. In industries where turnover is fairly high, such as hotels and restaurants, a business may simply add an additional worker to their staff.
When the absent employee is in a position of high responsibility, filling the slot may be more difficult. One solution is to temporarily promote an employee to “Acting Manager”, with the understanding that this promotion is only for the duration of the worker’s FMLA leave. This method can be a win/win situation. The employee gains some management experience, and fulfills an important need for the company.
Last 10 posts by Tamara
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