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Total Articles: 7

Is it a New Leave Year?

As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. While most were celebrating the coming of the New Year (or perhaps, more likely, good riddance to 2016), some employees were celebrating because January 1, 2017, brings with it a new allotment of FMLA leave days. If your employees fall into the latter category, perhaps it is time to consider changing your FMLA policy and procedures.

FMLA FAQ: How Do Employers Count Unexcused Absences When FMLA Medical Certification is Not Returned?

Q: We requested that an employee have his health care provider complete FMLA medical certification in conjunction with what appears to be an FMLA-related absence. The employee has been off work for 30 days and we still have not received certification. Can we count any of these days as unexcused absences?

Using "Rolling" Method to Calculate FMLA Leave Almost Always the Best Choice for Employers

There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken.

FMLA FAQ: Does an Employer Violate the FMLA When an Employee Answers E-Mail or Telephone Calls While on Leave?

An employee who recently returned from FMLA leave claims that a portion of his leave of absence should not count against his FMLA entitlement because he responded to a number of work-related e-mails and telephone calls while he was out. Can we still count this time as FMLA leave?

Podcast: How Do Employers Calculate FMLA Leave Around the Holidays?

When it comes to the holidays, FMLA administration can be most difficult -- both in terms of employee absences and how to calculate them. As I covered last month, the FMLA regulations provide very specific rules for calculating an employee's FMLA leave for a holiday or when the employer is shut down because of holidays or breaks.

FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee's FMLA Entitlement When the Employee Becomes Eligible?

Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician. Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their allotment for the following FMLA year as soon as they become eligible for FMLA leave?

FMLA Protects the Intention to Take Leave at a Future Date.

The Family and Medical leave Act allows “eligible” employees to take unpaid leave for reasons articulated in that act, including leave of up to 12 workweeks during a 12-month period for the birth or adoption of a child. The act defines “eligible employee” as one who has been employed for at least 12 months and who has worked for the employer for at least 1250 hours during the previous 12-month period. The FMLA specifically makes it unlawful for an employer to “deny the exercise of or the attempt to exercise, any right provided under the FMLA.”
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