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July 14, 2014
Employee Rights News You Can Use
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Date July 14, 2014!!
In The News....
10 FMLA Employer Mistakes
The Family and Medical Leave Act (FMLA) regulations became effective in 2009. Employees need to know there are some traps employers can fall into if they do not review the regulations carefully and administer leave requests appropriately.
The following are some of the mistakes employers make when trying to stop employees from abusing FMLA.
Intermittent FMLA Leave Errors: Employers not following guidelines. Issues like patterns of absence or not requesting re-certifications when possible, Also requiring employees to try scheduling planned medical treatment at less disruptive times.
Improperly Deciding Eligibility: Things to keep in mind when calculating eligibility include: employees must have worked for a qualifying employer, the employee must have worked 1,250 hours and 12 months, and the employee must have worked in a work site where there are 50 employees in a 75-mile radius.
Regarding Employees Eligible For FMLA: Employers cannot regard an employee eligible for FMLA if they are not eligible. Employers cannot consider an absence to be FMLA covered if it is not.
Fail To Give Required Notices: Employers are required to provide four notices: a general notice, eligibility notice, rights and responsibilities notice, and a designation notice. It’s critical for employers to know when and how these notices should be given to the employee.
Using A Calendar Year 12-month Period: Employers have the flexibility to choose the method by which the appropriate 12-month period is calculated (calendar, fixed year, measured forward or rolling backward)in which an employee is entitled to leave.
Fail to Compute Leave Entitlement Correctly: There are various guidelines which decide how FMLA treats holidays. Also, the amount of leave an employee is eligible to take based on their actual workweek. Another deals with what to do if an employee’s schedule changes week to week. Additionally, knowing the proper calculation of FMLA time for an employee that was scheduled to work overtime but could not do so due to an FMLA qualifying event.
Not Properly Distinguishing FMLA Time: Employers must designate FMLA time within five business days of deciding that leave qualifies as FMLA. Employers can also track intermittent leave in the smallest increment used to track other forms of leave, provided it is not more than one hour. Special rules apply.
Improper Usage Of Medical Certifications: Employers must give an employee written notification if a certification is insufficient or incomplete. Employer are permitted to contact the Health Care Provider for authentication or clarification. It is important to know who can make contact.
Failing To Request A New Certification And Re-determine Eligibility In A New Leave Year: When an employee is regarded as eligible for FMLA, she or he remains eligible for one year for that particular leave reason. It is important to know, however, what to do if an employee’s need for leave lasts beyond a year. There are steps employers can take to protect against abuse in this area.
Inappropriate Usage of Re-Certifications: Employer re-certification cannot be requested any sooner than every 30 days unless certain parameters are in place. However, regardless of the minimum duration of the condition, re-certification can be requested every six months.
Let's get right into the next installment of my series entitled "Learn What To Do If The Employer Is Setting You Up For Termination"...
"Choose Employment Attorney"
Follow or copy and paste the link.....
If you have a problem with the link go to the site and click the "Termination Series" link on the NavBar and click the link at the bottom of each succeeding installment page thru to the 12th installment page.
Until next time, watching Your Basic Employee Rights back ;0)
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Written by Yancey Thomas Jr.
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