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THE FAMILY AND MEDICAL LEAVE ACT
Q. Do you have all of the provisions of your FMLA policy in your employee manual? A. . Section 825.301 (a) (1) “If an FMLA covered employer has any eligible employees and has any written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning FMLA entitlements and employee obligations under FMLA must be included in the handbook or other documents.”
A. To the extent that the employee who takes FMLA leave had met all of the requirements for the safety bonus before FMLA leave began, the employee may not be disqualified for the safety bonus for taking FMLA leave. It is interesting to note that, if the injury was a cut finger only requiring stitches in an outpatient facility, the bonus could be denied. See the Dept. of Labor Title 29, Chapter V, Subchapter C, Part 825 The Family & Medical Leave Act of 1993 Section 825.207. Call us for a complete analysis. Notification Requirements - Qualified Employees/Events - Policies and Procedures FMLA administration - Coordination with Benefits - Return to Work Issues Q. Your employee sustained a serious Workers’ Compensation injury due to the carelessness of a fellow employee, which made him eligible for FMLA leave of 12 weeks. He is now only receiving 66 2/3% of his average weekly wage and requests that you use his accumulated sick pay to make up the difference. How do you respond? A. As the Workers’ Compensation absence is not unpaid leave, the provision for substitution of the employee’s accrued paid leave is not applicable. Employers should not allow employees to draw vacation pay, sick pay, etc., concurrently with Workers’ Compensation payments if the employee is out on FMLA leave. See the Dept. of Labor Title 29, Chapter V, Subchapter C, Part 825 The Family & Medical Leave Act of 1993 Section 825.207. Q. Your policy states that an employee may take 12 weeks leave of absence in a twelve month period. Does this really limit your exposure to 12 weeks? A. Section 825.200 (e) “if an employer fails to select one of the options in paragraph (b) of this section for measuring the 12 month period, the option that provides the most beneficial outcome for the employee will be used”. The employee then has the right to decide any one of the following methods: calendar year, fiscal year or a year starting on an employee’s anniversary. In these situations, an employee may be able to double dip and take 12 weeks from one plan year and back it up with 12 weeks from the next plan year. Stating that you use a “rolling” 12 month period measured backward from the date an employee uses any FMLA leave should eliminate this exposure. Q. An employee is ready to take FMLA to take care of his\her mother after hip surgery. You tell them that if they pay their portion of the insurance coverage, they will be covered for 12 weeks. Is this true? A. Section 825.209 (a) “During any FMLA leave, an employer must maintain the employee’s coverage under any group health plan.” Under some circumstances, an insurance company may allow benefits to continue for dental, disability, vision and life insurance. This is not required and many contracts do not extend coverage, forcing the employer to be responsible for possible COBRA notifications and making the employee responsible for possible conversion options. We Offer Complete FMLA Compliance Checks, Reviews & Analysis. Compliance Check is a Registered Trademark of DRB Ventures, LLC. All Rights Reserved. Call your Spetner Associates, Inc. Specialist to help YOU be FMLA
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When it comes to The Family and Medical Leave Act. . . Does your
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