An employer that provides
an employee with lodging may, during a Family and Medical Leave (FMLA) absence,
require that employee to vacate the lodging, a U.S. Department of Labor (DOL)
opinion letter states. This rule holds, says the agency, as long as the
employer has the same policy for individuals taking non-FMLA types of leave—failure
to treat workers uniformly, regardless of the reason for the leave, would amount
to illegal discrimination. The DOL also noted that following an FMLA leave in
which an employee is asked to vacate employer-provided housing, the employee
must be permitted to move back into the lodging.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.