The Fifth of February was the 20th anniversary of the Family and Medical Leave Act. I tweeted, and got some chuckles, that here it was 20 years old and we still did not have it figured out. Unfortunately I was only half joking. It is still a big unknown for many. For one thing “it is ALIVE” as they say in the horror movies. It changes with the introduction of new regulations and interpretations based on court cases. So to celebrate its birthday I found five fabulous posts on the FMLA that will provide you with some education.
I have selected five posts, two from attorney Eric B. Meyer and three from Jeff Nowak. I sometimes hesitate to post things written by attorneys, but these two guys write well and entertainingly while being informative.
From Eric B. Meyer
Eric writes at The Employer Handbook
In Employees who no-call/no-show for a month lose FMLA lawsuits Eric tells us “If an employee needs FMLA, the employee needs to let the employer know that.” There is no requirement that an employer be clairvoyant. It doesn’t mean you won’t get sued when you are not but there are defenses.
In 3 essential FMLA tools for your HR-compliance arsenal he tells us the importance of making sure you get a fully completed certification form. It allows you to make sure that the leave that is being taken is on the up-and-up.
From Jeff Nowak
Jeff writes FMLA Insights. His contributions were:
In An Employee Requests and is Denied Vacation Leave but Later Takes FMLA Leave for the Same Time Period. What Recourse Does an Employer Have? Jeff tells the tale of FMLA abuse and what you can do about it.
In Bad Timing: Can an Employer Terminate an Employee Shortly After Requesting FMLA Leave? Jeff shows us that you can terminate employees who have announced FMLA and not get in trouble for it, as long as you focus on performance. As many of has learned it is best in many situations to focus on job performance and (wait for it) DOCUMENT IT.
Lastly, in Best Practices for Employers When Administering FMLA Leave: A Recap of our Webinar Jeff recaps the major points of a webinar he held in December. A valuable little lesson in what is important.
As I mentioned above the FMLA is still a mystery to many, and as companies grow and now find themselves with over 50 employees and having to be compliant with FLMA it will continue to be a mystery to many. So read these five fabulous posts on the FMLA and perhaps some of the mystery will be dispelled.
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