2011 Archive

Q: We have an employee on FMLA (Family & Medical Leave Act). The doctor has released them back to work if we install a sit/stand workstation. We have made an appointment with an Ergonomics Specialist to meet with the employee & determine the best equipment for this situation. My questions are: 1) As the employee is out on FMLA with no time in the leave banks, do we pay the employee for coming in & meeting with the specialist so we can order the equipment? 2) Does this count as time worked? 3) How does this affect the FMLA status? I look forward to your response. Thank you. Annette (Mt. Vernon, WA)

A: If the employee is required to participate in the meeting to determine equipment requirements then the employee must be paid, the time therefore would count as “time worked”. My best advice would be to terminate the LOA (leave of absence) based upon your agreement to accommodate & let the employee know that there will be a period of unpaid time while the equipment is ordered & installed (be sure to document this notice to the employee & provide a copy to him/her). The unpaid time while waiting for the equipment might be considered “extended medical leave” if your Employee Handbook supports such an action/practice.

To be absolutely certain of your handling of this situation you should consider contacting the U.S. Department of Labor (the administration agency for FMLA) at 1-866-487-9243. It does appear that in the state of Washington, there’s no specific FMLA governance at the state level so federal rules & regulations will apply. - HR Consultant/COO USA (07/15/2011)