Some confusion exists concerning the worker’s job while he or she is on FMLA leave. Employers and employees often think the law requires the company to “hold a job open” while the worker is absent.

The term “hold a job open” is the cause of the confusion. The federal government doesn’t expect a business to suffer productivity or customer service efficiency when an employee is on FMLA leave. The FMLA (Family Medical and Leave Act), has no bearing on what action is taken in the workplace while the employee is away on leave. Instead, the law spells out what action Connecticut employers must take when the employee comes back from leave.

According to FMLA, an Alabama worker on leave must return to the same job he or she had before going on FMLA leave, or to a job with comparable wages, working conditions and benefits.

While the employee is absent, the employer has every right to engage someone to cover that position.

Alabama employers have several options for covering the absent worker’s positions. One, the company may be able to divide the extra work among other workers. Two, the employer could use a temp agency to cover the position for the duration of the worker’s leave. Three, the employer could hire a new administrative assistant to fill the absent worker’s position, but only with the understanding that the job ends when the employee returns.

Businesses with high turnover may simply add to their staff. The employee on leave returns to his or her job, and the new person stays as well, increasing the overall staff.

Promoting from within the area or department to an “acting” position can be a good solution for positions with more responsibility. If an Executive Manager takes a few weeks of FMLA leave, the company could temporarily promote a subordinate to “Acting Executive Manager” for the duration of the manager’s leave. Everybody wins. The subordinate gains management experience and the employer is assured that the managerial duties will be carried out.

Last 10 posts by Tamara

• Louisiana Employee Privacy Act - April 20th, 2011
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• North Carolina Employee Privacy Act - April 14th, 2011
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This entry was posted on Thursday, May 14th, 2009 at 5:35 am 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.