Yesterday’s Advisor covered nine traps of intermittent leave; today, the tricky issue of transferring employees on leave, plus an introduction to the guide we call the “FMLA Bible.”
In the case of reduced and intermittent leave, an employer may temporarily move an employee to a different job for the duration of the intermittent or reduced leave; however, there are many issues to consider first.
The transfer option is available only when:
- It will allow the employer to better accommodate the need for leave
- The employee is taking foreseeable intermittent or reduced schedule FMLA leave
- The employee is qualified for the position and
- The position better accommodates recurring periods of leave than the employee’s regular position.
The alternative position may be different in duties from the employee’s regular position, even if the duties of the alternative position are inferior to those of the regular position.
However, transfers intended to deter an employee from taking reduced or intermittent leave, or to punish the employee for taking such a leave, are prohibited by the FMLA.
Thus, a person employed in a professional capacity cannot be assigned janitorial duties, and a day worker cannot be reassigned to the night shift, for example.
Transfers are temporary, meaning limited to the time that intermittent FMLA leave or a reduced leave schedule is needed.
FMLA—the #1 hassle of 2012. BLR’s compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide and also receive the FREE special report: 12 Ways to Curb FMLA Leave Abuse.
An employee transferred to a part-time position to better accommodate a leave must receive the same salary and benefits he or she receives in the full-time position. However, the employer can proportionately reduce salary and earned benefits (e.g., vacation) when transferring the person to a part-time position.
However, benefits such as life insurance, health insurance, and others received by the employee as a full-time worker also would be required to be provided in the part-time position, even if part-time employees, in general, are ineligible for such benefits.
Before implementing a transfer, employers should review:
- Applicable collective bargaining agreement
- State laws that might apply
- Other federal laws such as the Americans with Disabilities Ace (ADA).
DOL makes it clear that an employer may alter an existing job, such as the employee’s own job, in such a way that it better accommodates the need for intermittent or reduced leave. For example, an employer may temporarily reassign certain functions, whether essential or marginal, to lower the number of hours worked by the person.
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.
A whirlwind of changes has hit the FMLA—are you ready to comply? Download our Free Report: 12 Ways to Curb FMLA Leave Abuse, and also receive a 30-day free trial to Family and Medical Leave Act Compliance Guide. Download Now.
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.