Question: Are employees affected by hurricanes and other natural disasters eligible for Family and Medical Leave Act (FMLA) leave?
Answer: It depends on the circumstances surrounding the need for leave. First, let’s review the criteria for FMLA leave.
Employers are required to grant FMLA leave to eligible employees if they employ 50 or more employees for each working day in 20 or more calendar weeks of the current or preceding calendar year. These employers must grant FMLA leave to eligible employees for up to 12 weeks in a 12-month period.
If an employee requests FMLA leave to clean up after a natural disaster, search for family, or contribute to community clean-up and rescue efforts, employers are not required to provide FMLA leave. The same holds true if an employee needs to take time off to care for children because schools are closed due to a storm or similar event.
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On the other hand, if an employee is injured physically or suffers a mental illness that meets the definition of “serious health condition” and is unable to perform his or her job as a result of a natural disaster, then the employee could qualify for FMLA leave with medical certification. An employee may need to care for a child, spouse, or parent with a serious health condition who is affected by the natural disaster, a situation that could also qualify the employee for FMLA leave.
Employers should gather as much information as possible from an employee requesting leave. If an employee’s situation doesn’t qualify him or her for leave, the employer may consider a flexible arrangement that allows the employee to attend to personal matters without worry of employment termination. Unpaid leave, flexible working hours, or telecommuting are examples of arrangements that could allow an employee to recover from a disaster without jeopardizing employment status. Employers who demonstrate caring and flexibility in times of high stress for employees can be rewarded with employee loyalty and hard work.
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