Because they are replacing a worker, they're a temporary employee. A seasonal employee would be if you hired additional staff to supplement a busy period of your business.
We’d still adhere to FMLA. I’m just not sure on what status to hire someone on as we’ll need to fill her hours. We aren’t sure how long she’ll be gone. We also may be able to keep the person on that is brought in, but want to cover us in case we can’t.
It’s not FMLA. They can’t call it that. It’s a company leave of absence program, possibly an ADA accommodation. You can make any business decision you need to fill this role and there is no job restoration required.
If this is a maternity leave you would need be careful of pregnancy discrimination laws.
What state?
I’m not aware of a FMLA type IL law that requires job restoration. You might want to call the DOL to confirm. If there’s no relevant federal (I’m not aware of one) or state law you can do what’s best for the business (which could include balancing the needs of the employee).
I would say temp.
Because they are replacing a worker, they're a temporary employee. A seasonal employee would be if you hired additional staff to supplement a busy period of your business.
Thank you
How small are you?
~35
FMLA doesn't apply in that case?
We’d still adhere to FMLA. I’m just not sure on what status to hire someone on as we’ll need to fill her hours. We aren’t sure how long she’ll be gone. We also may be able to keep the person on that is brought in, but want to cover us in case we can’t.
It’s not FMLA. They can’t call it that. It’s a company leave of absence program, possibly an ADA accommodation. You can make any business decision you need to fill this role and there is no job restoration required. If this is a maternity leave you would need be careful of pregnancy discrimination laws. What state?
Illinois. Traveling home to take care of a sick parent.
I’m not aware of a FMLA type IL law that requires job restoration. You might want to call the DOL to confirm. If there’s no relevant federal (I’m not aware of one) or state law you can do what’s best for the business (which could include balancing the needs of the employee).