Mentioning the Family and Medical Leave Act (FMLA) can make even the most seasoned HR manager shiver. Despite 20 years on the books, FMLA remains confusing — even the slightest slip on the part of the employer can have night-marish consequences.
What’s the solution?
Well, if we knew that we’d be a lot richer here at HRDailyReport.com.
But some attorneys have stepped in to provide what’s supposed to be a cheat sheet to help you navigate the stormy FMLA seas.
More properly, the cheat sheet is an FMLA intake checklist.
Either way, here’s what you need to know:
- Your company’s eligibility: Do you have 50 or more employees for each working day during each of 20 or more calendar work-weeks, this year or last year?
- The employee’s eligibility: Has he or she put in at least 1,250 hours on the job over the past year? How does your state define who is an employee, for FMLA purposes?
- Why do they want leave? No supervisor or employer wants people to think they lack compassion when it comes to health problems or family issues. But it’s critical to stick to the eligibility requirements. Does the employee have one of the defined “serious health conditions,” or a family member deemed eligible by the FMLA? Do you have the proper documentation necessary to grant FMLA?
- Reinstatement rights: Put it up front — before someone goes on leave — how reinstatement works. The employer doesn’t have to promise anyone they’ll get their old job back when they return. They don’t have the right to that — they might return to an equivalent position.
That’s just the tip of the iceberg.
The U.S. Department of Labor (DOL) is conducting a free webinar on June 27 to offer help for employers on the FMLA.
The DOL also has published a booklet called “Need Time? The Employee’s Guide to the Family and Medical Leave Act.”
The free booklet is designed to answer questions such as who can take qualifying leave and what protections the law provides.
The post Here’s help navigating FMLA requests appeared first on HR Daily Report.
