Question:
I have an employee who has only been working for our company for 9 months and have a serious medical condition that would qualify for FMLA, but because they havn’t worked here long enough we can’t offer it to the employee. What can I do?

Suggestion:
There are many situations where an employee isnt’ eligible for FMLA and the employer wants to help, its human nature to care for your fellow human beings. It may be best to have a polciy in your policy handbook that covers these sorts of things, if your company is big enough you can easliy have someone cover for this person and not have to hire someone and then when this person is able to return to work the person covering for this person can resume their regular duties. You can also hire a temp, but training a new person could be an issue. If you have an established policy that indicates you will work with individuals who are not covered under FMLA that gives you more options, but keep in mind, it works for those less desirable employees too! Also check with your state, they may have options available for individuals in this situation.

Question:
My company has 24 to 25 employees year round, we have an employee who has been out a lot for a non work related illness can we offer her FMLA?

Answer:
Because of the size of your company you aren’t obligated by FMLA to offer her any time off other than what you have designated available through your policies. If you want to allow this person time from work you are welcome to do so, though keep in mind that you might set a presidence in your action. Perhaps this employee is a good employee and one you want to keep around, so you work with them and help them through this tough time, then when another employee comes to you with the same situaion you should be willing to make the same accomodations for this other employee too.
You might consider offering the employee their full allotment of Vacation/PTO then if they are unable to come back inform them that they can reapply when they are able to return to full duty work. Some states such as California have laws that allow leave time for certain situations, if your employee is based in one of these states check with your local office to see what is available to offer this employee.

Family Medical Leave Act is very important to both Employers and Employees, if you have questions, fill out the form, HERE.
There is no reason you should sacrifice your ability to use the Government Act because you didn’t know your rights, send your question today!

I was poking around the internet and found the article posted by the US Department of Labor regarding the Family Medical Leave Act, I found it very interesting, it’s a comprehensive review of rule making regarding FMLA.

Check it out!
http://www.dol.gov/esa/whd/FMLANPRM.htm