Yesterday’s Advisor offered guidance for several tricky FMLA situations; today, again turning to the “FMLA Bible” for help, we cover FMLA and home work, FMLA and overtime, and state FMLA laws.

Work at Home During FMLA Leave

Frequently, an employee who is physically unable to come to work will perform some work for the employer from home. This has become more and more common as technological advances have made it easier for workers to perform work and communicate with co-workers from any distance.

Work performed from home does not count against an employee’s 12-week leave allotment. Therefore, if an employee on leave is performing some work tasks from home, the hours spent performing those tasks must be deducted from any calculation of leave used.

Missed Overtime Is FMLA Leave

DOL has clarified that missed overtime must be counted against the employee’s FMLA leave entitlement if the employee would otherwise have been required to report for duty, but for the taking of FMLA leave.

Example: If an employee would normally be required to work for 48 hours in a particular week, but due to a serious health condition, the employee is unable to work more than 40 hours that week, the employee would utilize 8 hours of FMLA-protected leave out of the 48-hour workweek.

(Voluntary overtime hours that an employee does not work due to a serious health condition may not be counted against the employee’s FMLA leave entitlement.)

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State Paid Leave Legislation

State mandated paid leave provisions are gaining popularity. As a result, employers should confirm the status of their state leave laws to determine if any paid leave provisions exist, and ensure that their policies and practices take both state and federal leave law into account. For example:

  • California requires  paid time off for workers to provide care for a child, spouse, parent, or domestic partner with a serious health condition, or to bond with a new child (newborn, adopted, or fostercare child).
  • The District of Columbia entitles employees covered by the District Family and Medical Leave Act to paid sick and “safe” leave for use under certain circumstances.
  • Maryland law requires that employers with 15 or more employees that provide paid leave allow employees to use their paid leave (sick, vacation, or compensatory time) for the illness of an immediate family member.
  • The city of San Francisco approved a ballot measure that requires employers to provide paid sick leave to employees in the city.

FMLA hassles—they just won't go away, will they? And, now, of course, there are all the new FMLA responsibilities—like military leave and reinstatement.  Shell-shocked?

It's an almost overwhelming task to keep up with FMLA, let alone get in compliance with the far-reaching changes. You're going to need a helping hand. Good news! BLR's editors have gone into overdrive to get your comprehensive compliance guide ready.

BLR's recently updated Family and Medical Leave Act Compliance Guide simplifies the frustrating and confusing complexities of the Family and Medical Leave Act (FMLA), so you know exactly how to comply in every situation.

It contains practical answers to all the FMLA questions you are asking—and the ones you haven't thought of but should be asking.

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The Family and Medical Leave Act Compliance Guide includes:

  • Leave law overview
  • All the new forms and advice on how to use them
  • Practical guidance on implementing all aspects of the new rules
  • Analysis of federal and state laws, what they require, and how they interact
  • Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers' comp, and military leave
  • Recordkeeping and reporting requirements
  • Reasonable accommodation
  • Sample policies and forms

Plus

  • A quarterly newsletter and updates, to make sure you stay in compliance as any changes come about

Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.