SCSEP Participants and FMLA

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SCSEP Participants and FMLA

Postby Karen Sowsy » Wed May 24, 2017 10:11 am

Q: Are participants considered employees, and therefore covered under FMLA? If we have a participant who was on leave of absence for 6 weeks due to surgery, and her doctor stated he will not release her for another 6 weeks, are we bound to hold her assignment open for her for 12 weeks? We are trying to determine medical leave vs. medical exit. The participant is anxious to stay in her assignment. I will check state law to see if it covers participants in an employment and training program funded by the federal government.
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Re: SCSEP Participants and FMLA

Postby charteroakadmin » Wed May 24, 2017 11:23 pm

A: Whether participants are considered employees and thus subject to state labor and employment law protections, such as FMLA and unemployment insurance, is a matter of state law. Grantee are required by the regulations to consult with the responsible state officials to determine the status of SCSEP participants under state law. See Topic 115 of the Participant Form Guide in the Data Collection Handbook.

Regardless of the protections required by state law, SCSEP regulations and policy require grantees to have a sick leave policy that includes participants' rights to reinstatement to their host agency following an injury or illness. Assuming the participant complies with the notification and documentation requirements of the grantee's sick leave policy, the participant should be allowed to remain on an approved break in participation until released by her doctor. See Topic 32 of the Community Service Assignment Form Guide in the Data Collection Handbook.
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