FMLA leaves should be routine by now, but the exasperating questions keep cropping up, don’t they? In today’s Advisor, some of the tricky questions BLR®’s editors have tackled, and an introduction to an FMLA program that will help you answer all your FMLA questions.
Can an employee take FMLA for a critically ill grandchild (or grandmother)?
At first glance, the answer is no because grandchildren and grandmothers are not covered under federal FMLA. But, of course, things are never that simple.
Under FMLA, an employee has the right to leave to care for a spouse, child, or parent of the employee, if that person has a serious health condition. However, a "parent" means a biological, adoptive, step, or foster father or mother, or any other individual who stood/stands in loco parentis to the employee when the employee was a child, or to a minor child. (Note: "Parent" does not include parents-in-law.)
Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child (or, in the case of an employee requesting leave to care for a parent-figure, who had such responsibility for the employee when the employee was a child). A biological or legal relationship is not necessary.
If the grandparent in this question were in loco parentis to the employee, or the employee were in loco parentis to the grandchild, leave would be appropriate.
Are we required to pay the monthly incentive and attendance bonus while employees are out on FMLA?
The 2009 final FMLA regulations state that employees on FMLA leave are not entitled to any bonus or incentive payment, whether it is discretionary or nondiscretionary, when the bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance (assuming that the employee has not met the goal due to FMLA leave).
This aspect of the regulations was a great relief to HR managers who, under the old rule, had to give perfect attendance awards to employees who had been out on FMLA.
Employers may deny such payment only if employees on an equivalent leave status (non-FMLA leave) are also denied bonus and incentive payments.
Bonuses that are not premised on the achievement of a goal, such as a holiday bonus given to all employees, may not be denied to an employee because he or she took FMLA leave.
FMLA Changes—the #1 hassle of 2010. BLR’s compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide.
Can an employee use FMLA for care of a family member out of the country?
An employee may use family and medical leave to care for a family member outside of the country, assuming all FMLA criteria are met.
According to the 2009 final regulations, in circumstances in which a family member is visiting or resides in another country and a serious health condition develops, the employer must accept a medical certification as well as second and third opinions from a healthcare provider who practices in that country. (This is also true if the employee is in another country when he or she develops a serious health condition.)
Where a certification by a foreign healthcare provider is in a language other than English, the employee must provide the employer with a written translation of the certification on request.
Can we refuse to promote an employee on reduced schedule FMLA leave when regular attendance is critical to the job?
According to FMLA regulations, "employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions."
As a result, it is inadvisable to refuse a promotion to an otherwise eligible individual when the refusal is based solely on the individual’s exercise of his or her right to FMLA leave.
Instead, the employer should investigate the possibility of granting the promotion and either:
- Accommodating the leave in the promoted position; or
- Making a temporary transfer to an alternate position during the period of reduced schedule/intermittent leave.
FMLA hassles—they just won’t go away, will they? It’s an almost overwhelming task to keep up with the old FMLA, let alone comply with the recent, far-reaching changes. Good news! BLR’s editors have gone the extra mile to get your comprehensive compliance guide up to date.
BLR’s recently updated Family and Medical Leave Act Compliance Guide—the book some are calling the “FMLA Bible”—simplifies the frustrating and confusing complexities of the 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.
A whirlwind of changes has hit the FMLA—are you ready to comply? Order BLR’s comprehensive guidebook and find out what you need to do. You’ll get expert FMLA guidance, forms, and concrete examples. Find out more.
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.
If you have fmla.And call off fmla that weeken .Do you have to make it up.Well if I call off mon-fri and don’t have to make it up.Why would i have to make it Because manger said to .Not edding up.For fmla.
One can see by Kim’s remark that your the type that abuse the system. It was made to provide relief for stressful situations. Yet like every thing else we still have to kiss your ass knowing full well your out partying.