How does an employer manage intermittent FMLA leave?
Managing intermittent FMLA leave has many challenges for employers, not the least of which is handling the issue of compensation for exempt employees taking such leave. Since FMLA leave is generally unpaid, yet salaried exempt employees are entitled to their salary regardless…
Can a company Count FMLA leave as no fault?
An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.
How is FMLA compensation determined for exempt employees?
While this is not directly addressed in the current regulations, as an employer, you (and Karen) have some options when determining an exempt employee’s compensation when taking FMLA leave on an intermittent or reduced schedule basis. You may pay a proportionate part of the full salary for time actually worked.
How many weeks of unpaid leave do you have under FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.
What can you do about intermittent FMLA leave?
- including reviewing and possibly questioning suspicious intermittent FMLA leave.
- Train your supervisors and managers.
- Make and keep employees accountable.
- Ask for certifications and recertifications.
- Stay informed.
What is intermittent FMLA?
Intermittent FMLA. Intermittent FMLA is leave taken pursuant to the Family Medical Leave Act (FMLA) for a single injury, taken in separate, non-consecutive time periods rather than a single span of time.
Can an employer put an employee on FMLA?
Employer Rights. Employers have the right to force an employee to begin using FMLA leave if it is believed the employee has a qualifying condition.
Can a man get paid while on FMLA?
However, if he has saved enough vacation time and the company requires him to use paid time off during FMLA leave, he will be on paid FMLA leave. Women and men are entitled to continuation of health coverage benefits when on FMLA leave.
Do you need to mention FMLA to an employer?
Employers should keep in mind that FMLA requests may be verbal or written and an employee is not required to mention “FMLA” or “intermittent leave.” However, employees do need to provide enough information to signal leave may be covered by the FMLA.
When to use FMLA to transfer an employee?
Leave that is foreseeable based on planned medical treatment, including a period of recovery (for example, weekly chemotherapy treatments) If the employer agrees to permit intermittent or reduced schedule leave for bonding.
Can FMLA be used intermittently?
FMLA and CFRA can be used for intermittent leave, including being late to work, if it is related to your disability. As such, this termination may be a violation of those laws. Further, it may be disability discrimination.
When do you start FMLA?
FMLA starts on the day designated by the employee and employer as the first day of leave. This is true in most cases when the employee gives the employer a written request thirty days in advance.
What employers must offer FMLA?
Public agencies and the federal government. Any public agency, including federal agencies, state agencies, and county and city agencies are all required to provide FMLA benefits to employees.