Jobs Find List

Categories


Location

Do Employers Have to Give You Your Job Back Under FMLA Laws?

Since its inception in 1993, the Family Medical Leave Act (FMLA) provides much-needed medical leave to thousands of employees. FMLA preserves an employee's position when he must take a family or medical leave of up to 12 weeks. The act however, is not a guarantee of employee reinstatement. Mitigating circumstances can interfere with an employee's return to work after taking leave under the FMLA.

Returning to the Same Position After FMLA

Employees applying for FMLA leave should understand that although the purpose of FMLA is to help preserve an employee's position while on medical leave, there is no guarantee that the employee will return to the exact same position. For example, a machine technician works in many areas of an organization doing different duties, although the designation of the title is the same across the board. An employee who takes a medical leave and is a machine technician in the lab, may return to find that he is now a machine technician in area 400 of the organization. His job title remains the same, but his department may be different.

Circumstances that Mitigate Returning From FMLA

Some circumstances may interfere with an employee's ability to return to their position. Under the law, an employee on medical leave has the same rights as if he continued to work without taking leave. If a company reorganizes during his leave and eliminates the employee's position, the FMLA cannot protect the employee from termination as he would lose his job regardless of his medical leave. Safety concerns may also mitigate an employee's ability to return from family or medical leave. Some serious health conditions can present a safety hazard depending on the job duties involved. In these situations, an employer may ask for a fitness for duty certification from a physician certifying that it is safe for the employee to resume normal job duties.

Fitness-For-Duty Certification

Employees may need a fitness-for-duty certification to resume their employment. The fitness-for-duty certification is only necessary for a personal and serious health condition and not that of a close family member. The employer can only seek this certification based on the condition that necessitated the leave. Fitness-for-duty certifications are not necessary for each incidence of intermittent leave; instead, it is only required every 30 days if the safety risk is apparent. An employer may delay reinstatement to a position if prior notification is given to the employee and the employee does not comply. If the employer provides prior notification and the employee refuses to comply with the fitness-for-duty requirement, the employer does not have to reinstate employment under FMLA.

Considerations

Clear and consistent communication between the employer and the employee is critical during family and medical leaves. If the employer fails to provide proper notification of the requirements for applying for FMLA, the employee is protected. If the employee fails to comply after receiving proper notification by the employer, the employee may risk denial of FMLA privileges, or possible termination due to excessive absence.



Tips to Find a Job from Millions of Job Listings Online in Australia

Backup Administrator Job Description

Backup administrators play an important role in corporate decision-making processes because they implement data-archiving policies by which staff must abide when performing tasks. Senior leaders need updated information to make proper decisions.Tasks A backup administrator formulates a company's ar ...

How Does Culture Influence Career Choices?

Culture has a very distinct influence on the career path a person chooses to follow. When we look at careers from a functional perspective, a person contributes his time, skills and effort to a job to make a living. Different cultures have different ideas about the meaning of a career, what value is ...

Be Successful in the Accounting Career

Accountants not only prepare tax returns, they provide their clients with investment, estate, and financial planning advice. Successful accounts not only work accurately and efficiently, they act with the highest standards of integrity and strive to stay up-to-date on developments in accounting, tax ...

Ask for More Money on a Job Offer

Being offered a new job can be the career break you've been waiting to receive. This is especially true if your employment search has been an extended ordeal. Although you may be tempted to pounce upon the first decent job offer, doing so without analyzing the terms could cost you the salary you des ...

Find Real Estate Jobs That Require No Experience

Real estate jobs can be a very popular choice for many job seekers due to the flexibility of work hours and good pay. However getting into the real estate industry can be a daunting task for many job hunters. It's good to know that some real estate jobs will let you in on the ground floor and requir ...

What Is the Job Description of a Lead Project Engineer?

A lead project engineer helps a company improve corporate operating processes and manufacturing systems. The engineer oversees the work of technical personnel, reviews clients' business requirements and recommends improvement options.Job Specifications A lead project engineer coordinates engineerin ...

Beverage Manager Job Description

Typically, the food service industry employs managers who oversee both the food and beverage aspects of a particular business. Sometimes, however, a manager’s sole responsibilities focus on beverages, which is often the case in places that are known for the drink selections or aim to offe ...

How Long Do Results From Pre Employment Drug Tests Take?

Why Drug Test? Drug testing has become an important safety issue in the workplace for Human Resources and Safety professionals. The majority of Fortune 500 companies do drug testing. They test simply to limit the amount of drug abuse in the workplace. Drug abuse affects company profits with absente ...

Educational Technician Job Description

An education technician or teacher's aide is an assistant to the classroom teacher. This position is typically used as an internship. It allows college students seeking positions as teachers to gain classroom experience before completion of their degree program.Lesson Plans Education technicians wo ...

Get a Job With an Australian Embassy Overseas

Start your diplomatic career in the Australian Department of Foreign Affairs and Trade by working for an overseas Australian High Commission or Consular office. The Australian Government's Foreign Affairs and Trade website notes that about 520 of the department's employees are engaged overseas at an ...

Write a Job Announcement

Writing effective job announcements requires satisfying three major goals. First, your ad must catch attention in a crowded job market. Next, your wording should be compelling enough to attract qualified candidates, while including details that weed out those you don't want. Also, remember that an a ...

Route Manager Job Description

Many organizations deliver packages, products and goods to businesses and individuals. A route manager drives to locations to deliver goods and manages customers in a designated regional area.Qualifications Most employers require that route manager candidates have a high school diploma or GED certi ...

Careers That Make Fitness Type People Happy

If you love fitness and being fit, you can transition your interest into a career. According to the U.S. Bureau of Labor Statistics, in 2008, about 261,000 people worked in the fitness industry, with that number expected to grow to about 338,000 by 2018. The median annual wage for someone working in ...

Patient Account Rep Job Description

Many facilities rely upon the services of patient account representatives to collect payment from customers. These workers may be employed by hospitals, clinics or other facilities that provide care to patients. The account representative help the patient to understand the cost of services rendered. ...

Dementia Program Coordinator Job Description

A dementia program coordinator is employed by a medical or healthcare facility to support the director of a dementia unit. Together, they develop, implement and evaluate programs, services, policies, procedures and all best practices related to the provision of health services for patients suffering ...