As the witching hour approaches, employers across California may be bracing themselves for the phenomenon of “ghost employees” those who seemingly vanish into thin air after taking a leave of absence. It’s as if they’ve been spirited away by the Great Beyond, leaving their employers to wonder if they’ll ever be seen again.
While you may think that the zombie who wants to get paid would be the one to resurrect, California law requires employers to engage in the “interactive process” , meaning you have to try to contact them, rather than waiting for them to rise from the dead.
And it’s not just about reestablishing contact it’s about being proactive from the start. When an employee notifies you of their need for leave under the California Family Rights Act (CFRA) and/or Family and Medical Leave Act (FMLA), it’s your responsibility to inform them of their rights and benefit eligibility. You should be tracking their leave from day one, not just waiting for them to disappear into the night.
So, don’t be a monster be a compliant employer! Make sure you’re providing the necessary notices and paperwork, and that you’re keeping the lines of communication open. And when it’s time to bring the employee back to work, you’ll be ready to welcome them back from the land of the dead… or at least, back to their desk.
In all seriousness, compliance with CFRA and FMLA is no laughing matter. So, take this Halloween reminder to heart, and make sure you’re on top of your leave management game. SDEA can work the magic for our members and administer your Leaves of Absence for a flat fee of $250. Call us for more information. 858-505-0024. At SDEA we are HeRe with you.
