HR Chat: Employee Leave

You operate a small business with fewer than 50 employees, so your employees generally do not qualify for leave under the FMLA. However, one of your employees is scheduled for surgery and will be unable to work for approximately five weeks. This employee is a valuable member of your team, but having the position vacant for that long could create significant disruption for your business.

If you hire someone to fill the position while the employee is out, are you required to offer the original employee their job back when they are ready to return? What options do you have for managing the employee’s leave while minimizing disruption to your business and avoiding potential compliance issues?

A situation like this not handled properly can be a potential legal pitfall for your business. With a subscription to myHRcounsel, you can consult directly with an attorney to provide you with the necessary legal guidance in navigating the situation properly.