Can the employee who is on FMLA leave travel abroad?
Yes, employees on Family and Medical Leave Act (FMLA) leave can travel abroad, but with certain restrictions. The FMLA ensures employees have job protection and access to unpaid, job-protected leave for specific family and medical reasons. However, traveling abroad during FMLA leave requires consideration and compliance with the Act's regulations:
Prior Notice: Employees must provide reasonable notice to their employer before travelling abroad. It's recommended to consult the employer's policies and procedures to understand the specific requirements and deadlines for providing notice. Adequate time should be allowed for the employer to consider the request, assess any potential disruption to operations, and communicate their decision.
Medical Certification: If an employee's FMLA leave is for a medical reason, they may need to provide a medical certification completed by a healthcare provider. The certification should outline the medical necessity of the leave, the expected duration, and any restrictions or limitations on activities, including traveling.
Unforeseen Medical Circumstances: Some employees may need to travel abroad for unforeseen medical reasons during their FMLA leave. In such cases, they should immediately inform their employer and provide appropriate documentation, such as medical records or a doctor's note, to support their absence.
Business Needs and Operations: Employers have a responsibility to consider business needs and operational considerations when evaluating employee requests to travel abroad during FMLA leave. While employers cannot deny FMLA leave, they may request that the employee delay or reschedule the trip if it would significantly disrupt critical business operations or projects.
Communication and Return to Work: Employees on FMLA leave who travel abroad should stay in communication with their employer. They should provide regular updates on their status and any changes to their expected return date. Upon returning from their trip, employees should adhere to any workplace protocols or requirements for notifying the employer and resuming their duties.
Consult with Employer: It's crucial to consult the employer's specific FMLA policies, procedures, and protocols regarding traveling abroad during FMLA leave. Each employer may have its own requirements and conditions, and employees must comply with these to ensure their FMLA rights are protected and their return to work is smooth and seamless.