My husband is an HR director in Michigan. The federal law states that in order to qualify for FMLA, applies to employers having more than 50 employees working with a 75 mile radius. All FMLA means is that you are off work, unpaid, but guaranteed a like position when returning within 90 days, and benefits are continued (although they can make you pay them back) for a 90 day period. However, if during the time you are off your position is down-sized you are no longer protected. A company can bypass FMLA if granting it causes undue hardship for the company.
So, if you have more than 50 employees within a 75 mile radius you are covered under the FMLA and should not sign what they are requesting. However, if there are not more than 50 employees within the 75 mile radius and you refuse to sign the agreement, you are effectively not showing for work which would equate to the "not available" portion of the just cause clause.
It is too bad that your company is handling this health emergency in this manner. But, they have the ability to behave however they wish if your company doesn't meet the more than 50 employees within a 75 mile radius.
I hope everything works out for you and that your daughter recovers quickly and fully.
__________________  Sissy & Angel |