FAQ Friday Category FMLA

The FMLA’s treatment of overtime depends on whether the overtime is mandatory or voluntary. Section 825.205(c) of the FMLA regulations provides that if an employee would normally be required to work overtime but is unable to do so because of…

This situation could effectively be like a continuous leave if the leave is at the outer end of the frequency and duration provided by the doctor. It could, however, also be an intermittent leave if it is at the lower…

No. However, you must ensure any privacy and confidentiality standards are met if transmitting any personally identifiable information, such as the employee’s name, birth date, address, phone number — and especially medical information. An encrypted communication method is required under…

An employer should run FMLA leave and other leave/accommodation entitlements concurrently. Assuming the employee’s condition qualifies as a serious health condition under the FMLA, FMLA leave should be applied (assuming the employee qualifies, and the employer is an FMLA-covered employer).…

It is recommended to continue to follow the FMLA eligibility rules, including the 1,250 hours of service eligibility rule even though furloughed employees may have been impacted through no fault of their own. Allowing exceptions due to COVID-19-related furloughs in…

COVID-19 has presented many challenges in meeting timelines, and many employers have found themselves in a similar situation. Luckily, the FMLA regulations provide us with some guidance in this regard. Under §825.300, Section D states: “Retroactive designation. If an employer…

Unfortunately, the FMLA regulations do not squarely address this situation. Employers are required to provide Notice of Eligibility and Notice of Rights and Responsibilities (R&R) to employees within five (5) business days of the leave request or when they become…

The employer first must contact the employee and specify what information needs clarification to allow the employee to cure the deficiencies before contacting the healthcare provider. Please note that under no circumstances may the employee’s direct supervisor call the provider…

Obviously this behavior would raise suspicion about the legitimacy of the absence. Some employers will not approve the absence as covered by FMLA leave and will count it as an occurrence under an attendance policy. If there is strong evidence…

An employer has the right to conduct an investigation if they receive information about FMLA fraud or abuse. In fact, in many cases, FMLA abuse is typically brought to the attention of the employer by the employee’s co-workers. However, the…