Legal Question in Medical Leave in Minnesota
''An Application was Given to an Ineligble Employee, What do I do?
A coworker gave an F.M.L.A. Application to an inelible employee, who had worked less than 12 months for us. The employee is using up sick and vacation time and then still falls short of eligibility by 12 days.
It is acceptable to inform them they are ineligble for F.M.L.A. The coworker was asked for it by the employee and it was after that we learned from records
the employee was not with us a year.
1 Answer from Attorneys
Re: ''An Application was Given to an Ineligble Employee, What do I do?
Yes. If they are ineligible, they are ineligible. However, if the employer has already started taking the leave in reliance on the belief that they were eligible, they should not be penalized for doing so. If that is the case, I would give the employee a reasonable time to get back to work.
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