Total Articles: 4
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.
Fuzzy Math - -Miscalculation of Leave Results in Employer Liability.
Discusses Bachelder v. America West Airlines, Inc., 259 F.3d 1112 (9th Cir. 2001), in which the court held that an employer must provide employees with notice of the methodology it will use to calculate FMLA leave eligibility before any such calculation may be applied to an employees disadvantage.
