In our last installment of this article series, we covered the employee’s obligation to notify his or her employer of the need for Family and Medical Leave Act (FMLA) leave, but the question remains: how much time does the employee have to notify his or her employer of the need for leave?
By Kate McGovern Tornone, Editor
It’s an easy scenario to imagine: an employee goes out on leave and, when another employee takes on his work, she discovers performance deficiencies and maybe even misconduct. Is the employee’s job protected just because he is out on “job-protected” leave?
We have an employee who was on an approved FMLA for child bonding for about 2 ½ months. During this time, he worked about 10 hours. His occupation is IT, so he was “on call” while he was off so he could work whenever he was needed. I am reluctant to ding his vacation accrual because of this. Our policy states we suspend accruals during unpaid (FMLA) leaves. But I’m not sure if it should apply to an on call employee who performed work while he was out.
By Peter Susser and George Wood, Littler Mendelson, P.C.
You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick back to enjoy your newfound leisure time, only to wonder: “How does the change in FLSA status for these employees affect their FMLA leave usage rights? For example, once these employees become nonexempt, how do I calculate their FMLA entitlement for intermittent leaves?”
A new state-by-state analysis shows that few states have expanded upon the Family and Medical Leave Act’s (FMLA’s) unpaid leave protections or adopted other policies to help expecting and new parents who are employed. The analysis, “Expecting Better: A State-by-State Analysis of Laws That Help Expecting and New Parents,” is the most comprehensive analysis to date of state laws and regulations governing paid leave and other workplace rights for expecting and new parents in the United States.