FMLA Easy? No, But Policies Make It Manageable

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.

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Intermittent Leave

Describe the smallest increment in which FMLA leave can be taken (hourly, etc). Note that the amount cannot be greater than hourly, says Caraway.

State that FMLA leave can be used on either a continuous or intermittent (reduced/part-time) basis.

Be sure—if you want to use it—to include the DOL-permitted exception that FMLA leave related to the birth, placement for foster care or adoption of a child cannot be taken intermittently and must be used within one year of the birth or placement of the child.

Call-in Requirements

State that employees who are approved for intermittent FMLA leave must continue to comply with the company’s regular ‘call-in’ and other absence reporting policies to the extent possible. (Employees on leave think they can come and go as they please, says Caraway, but you can require that they comply with your rules.)

Restoration Rights

Describe the FMLA’s restoration rights. You can provide for termination at the end of an FMLA leave under certain circumstances if you wish.

State that the return to work certification will be required (for leaves necessitated by the employee’s own serious health condition).

Documentation and Benefits During Leave

State that periodic updates and additional documentation supporting the continued need for leave also may be required.

Describe how an employee’s health insurance benefits will be continued during an FMLA leave.

Describe how the accrual of other employee benefits such as seniority and vacation time will be treated during an FMLA leave.

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Fraudulent Acts

State that any employee who fraudulently obtains or uses a family or medical leave will be subject to immediate termination

FMLA Contact

Finally, says Caraway, identify a company position to whom all FMLA questions should be directed.

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.  Still a little shell-shocked?

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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.

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.