Oftentimes employers neglect to take the critical first step in administering Family and Medical Leave Act (FMLA) leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility helps employers not only properly deny leave when appropriate, but also to grant leave for a period of time that is reasonable and necessary.
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In addition to the FMLA eligibility determination, eligibility for FMLA leave to care for covered family members has changed dramatically in the past year, as the definition of who is a family member has been altered by FMLA regulations, new court decisions, and changes in the family structure.