MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

FMLA: What employees are entitled to after a natural disaster

Christian Schappel
by Christian Schappel
June 7, 2011
2 minute read
  • SHARE ON

Recent flooding and tornadoes in the South and Midwest have raised an intriguing question for Benefits pros: Can employees take FMLA leave when a natural disaster strikes?
Labor and employment law attorney Jeffrey Nowak recently tackled that very question over at his informative FMLA Insights blog.
The answer: It depends on whether or not an employee (or the employee’s spouse, child or parent) has an injury or illness that meets the FMLA’s definition of a “serious medical condition” — and is affected by, or flares up do to, a natural disaster.
As Nowak points out, the FMLA doesn’t require employers to give workers time off to deal with personal matters that crop up due to a natural disaster — like cleaning a home or searching for family/friends.
However, it’s not a bad idea to have a policy in place that allows employees to take non-FMLA leave to deal with personal matters after a disaster.
What qualifies as FMLA leave?
Some examples Nowak gives of when an employee’s leave of absence would be covered under the Family Medical Leave Act:

  • An employee suffers a physical or emotional injury as the result of a natural disaster and is unable to perform his/her job duties. (Note: If the injury is severe enough, it may also trigger ADA obligations.)
  • The disaster causes an employee’s chronic health condition to flare up.
  • The disaster creates a reason that the employee must take care of a family member with a serious health condition. Nowak says this could occur when the disaster knocks out power, for example, and causes a family member’s medical equipment to fail.

It’s also important to note that a disaster does not have to be of the catastrophic variety to raise these kinds of FMLA issues. Winter storms and extended power outages could trigger FMLA-related absences, too.
Info: For more tips on staying in compliance with the FMLA after a disaster, visit Nowak’s blog post, “Are Employees Eligible for FMLA Leave When A Natural Disaster Strikes?” at FMLAinsights.com

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader