Best Practices for Your FMLA Leave Policy

Communication is the Key

Caraway reminds employers that communicating the rules is key to successfully managing FMLA. When employees ask about FMLA, they are already stressed by whatever is underlying the request for leave. If you hit them with a rule they don’t know about (they’ll call it a “technicality”) their reaction is going to be “I’m calling DOL,” says Caraway.

Caraway is a member of Miller & Martin PLLC in Chattanooga, Tennessee. Her remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville.

For example, she says, if expectant parents didn’t know that you do not permit leave relating to a birth be taken intermittently, or that married couples working for the same company have to share the 12 weeks leave in some circumstances, the involved employees may become very upset. 

Forestall their call to DOL or their attorney by developing clear policies and communicating the policies regularly and carefully, says Caraway.

Must-Have’s for Coping with the FMLA

Caraway offers a long list of must-haves for FMLA policies. Use her must-haves as a checklist for evaluating your FMLA policy, she suggests.

Poster

Be sure that you are displaying a (current!) DOL FMLA poster, even if no one at a particular facility is eligible.  The new poster has the military leave requirements on it.

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Contents of Your Policy

Put your FMLA policy in your employee handbook if you have one; otherwise, present a printout of the DOL poster to all new employees, says Caraway. And then include the items below in your policy.

Length and Year

State how long FMLA leave is and which 12-month calculation method you are using. Be sure to add the special length and calculation method used for servicemember  leave to this description.

Describe Who Is Eligible for Leave

Describe what conditions qualify an individual employee for FMLA leave, including length of service, number of hours, and employee/military status.

Process for Requesting Leave

Describe the process employee must use to request FMLA leave.

• Whom leave must be requested through
• How leave is to be requested (You can just say, “FMLA leave request forms will be provided by HR on request.”)
• When leave must be requested (foreseeable vs. unforeseeable)

If it is possible for spouses to be employed by your company, state how FMLA leave will be treated if taken by both spouses. “They will scream ‘unfair,’” says Caraway, so be sure to clarify this rule.

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Using Paid Leave

State that FMLA leave is unpaid but that any paid leave an employee is qualified to take at the time of taking FMLA leave can/must (your choice!) be used during the employee’s FMLA leave, unless the FMLA leave is taken in connection with an illness or injury which is also covered by workers’ compensation or short- or long-term disability.

You’ll hear from employees, “You can’t make me use paid leave,” but you can, Caraway says. Make your decision about whether to require it, and then be sure to put this in your policy.

In tomorrow’s Advisor, more of Caraway’s FMLA must-haves, plus an introduction to the guide they call “The FMLA Bible.”