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| Do You and Your Company Follow FMLA Compliance Guidelines? |
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The Family and Medical Leave Act (FMLA) is a federal HR compliance law that affords certain employees the opportunity to take an unpaid leave of absence from the workplace to address family and medical responsibilities. The time off can last as long as 12 weeks within a 12-month period. During that time, an employee’s job is protected and his or her health benefits must be maintained by the employer.
FMLA liability can be imposed against both the employer as an entity and against individual decision makers in their personal capacity. The burden is on the employer to establish that it both acted in good faith and had reasonable grounds for believing that its actions did not violate the FMLA.
If an employer has violated one or more provisions of the FMLA compliance rules, an employee may be entitled to:
• wages, employment benefits, or other compensation denied or lost because of the violation;
• monetary loss suffered because of the violation, such as the cost of providing care;
• interest calculated at the prevailing rate;
• liquidated damages;
• employment, reinstatement, or promotion;
• a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action, in addition to any judgment awarded by the court.
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 - FMLA Compliance Updates |
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On July 1, 2007, legislation went into effect in Florida allowing victims of domestic abuse to take up to 3 days of leave from work in any 12-month period. The leave can be to act in response to becoming a victim of abuse, such as to obtain an injunction for protection, to receive medical care or mental health counseling. To be eligible for the leave, employees must first use up all annual or vacation, personal and sick leave, unless that requirement is waived by the employer. It is up to the employer to decide if the leave will be with or without pay. The law pertains to companies employing 50 or more employees and to employees who’ve worked at their job for at least 3 months. According to the law, employees must give their employers “appropriate” advance notice and sufficient documentation of domestic violence, unless they are in imminent danger. Employers are prohibited from discriminating against employees for taking this leave.
 WHITE PAPER: Are You and Your Company Protected Against FMLA Liability?
WEBCAST: Strategy to Avoid Family and Medical Leave Act Liability & Prevent Leave Abuse
DOWNLOAD: FMLA Checklist to Avoid Liability and Prevent Leave Abuse
DOWNLOAD: FMLA Forms for Employers, Employees, and Physicians
DOWNLOAD: 10 Questions that Can Reveal the Gaps in Your FMLA Policy
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The Department of Labor (DOL) issued an opinion letter stating that the Family and Medical Leave Act applies only to employees who work within the United States, the District of Columbia, or any territory or possession of the United States. “Employees who are employed outside these areas are not counted for purposes of determining employer coverage or employee eligibility,” according to section 29 CFR 825.105 of the DOL’s regulation on the FMLA. |
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The Department of Labor regulations and leading court cases establish that eligible employees can say very little about their reason for missing work and still shift the burden to the employer to comply with the detailed FMLA rules. Therefore, supervisors, managers, and FMLA administrators should understand the importance of both asking employees why they are not at work as scheduled and documenting the precise answer given. This creates at least some record that can be used later in the event absences are unexcused and FMLA litigation ensues. |
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