Questions & Answers:
On FMLA after 12 weeks can i give the person a lesser positon?
No, FMLA has a right to reinstatement, meaning they must be provided with the same or similar information.
Can you discuss the state difference to the federal FMLA ie DC? Required use of PTO, 12 weeks vs 16 weeks in 24 months.
You must comply with essentially both.
When an employee returns from a FMLA leave are we required to place employee back on same shift time?
Good question. This will be very context specific. If the shift time is a shift that is widely considered to be less desireable, the employee has a good case that they are not receiving an similar/substantial position.
If an employee resigns due to hostile work environment are they due any accural pto even if it states in the handbook it would be forfeited?
That is going to depend on your specific State’s Law, it is also dependent on what kind of PTO it is (also State Specific)
IF have had a layoff period how does that affect the 12 months in FMLA?
FMLA is protected activity. If your reduction in force is only applicable to FMLA employees, it would be seen as discrimination. Might get an FMLA interference claim.
What if an employee who is out on FMLA ELIGIBLE leave has not provided supporting documentation, can they be given a different position upon return?
Once the leave has been designated FMLA, there is not a lot of wiggle room to redact that leave status.
Since documentation is required from the Dr for FMLA leave, does that mean that the Dr's office is REQUIRED to provide the paperwork when requested?
Whenever you have a medical certification requirement. You can have internal policies regarding rules for going on FMLA leave. Make sure that your implementation of FMLA is even in all cases.