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Date June 8, 2010

Issue #15

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Article

Nine changes to "Intermittent FMLA" you should know about!

One of the biggest laws affecting employees and employers alike is the (FMLA) Family Medical Leave Act. On January 16 2009, new FMLA changes went into effect creating even more headaches for employers. However, that doesn't mean it's "all good" for employees.

Some of the changes favor employees and some favor employers. It is important for employees to understand how the new changes work. First, here's a quick snapshot of the Family Medical Leave Act.

===> Eligible employees can take up to 12 weeks of unpaid leave per year for their own "serious health condition" or care for an immediate family member. This also includes care for newborn babies, foster or adopted children.

===> Eligible employee must work for covered employer at least 12 months (not necessarily continuous) and have at least 1250 work hours before taking FMLA leave. Vacation, paid or sick leaves are not used to calculate an employee's eligibility for FMLA.

===> Your employer must provide FMLA to eligible employees if it has at least 50 employees living within 75 miles of the place of work.

===> Employees may take FMLA leave in "small chunks" or "intermittently. This means employees may take an hour, day or week of FMLA leave.


It is the "intermittent" FMLA leave that has and is causing the biggest trouble with the law. Employers have long complained to the (DOL) Department of Labor about employee misuse and abuse of intermittent FMLA and how it hurts productivity. This is especially true in industries such as public safety, transportation and health care.

The following are nine changes to "intermittent" FMLA every job seeker and employee should know about.

1Military caregiver leave

Active military employees can take up to 26 weeks of unpaid FMLA in each 12 month period to care for family members with serious illness or injury.

2National Guard and Reserve

Families of National Guard and Reserve employees on active duty get up to 12 weeks of FMLA job protection per year to manage family issues. These include childcare, counseling, legal, military events, financial, school, short and post deployment issues, rest and recuperation and other issues mutually agreed to by employer and employee.

3Denial of Perfect Attendance awards

FMLA can be counted against perfect attendance as long as employees not taking FMLA leave are treated the same way.

4Employer contact with healthcare provider

This is huge and potentially bad news for employees! Employers can now directly talk to your doctor to get "clarification" about what's on the employee's FMLA certification form!!

5Cut down on notice time

This is also potentially bad for employees. Previously the employee had up to 48 hours to give the boss notice of the need to take FMLA leave. Now the employee has to follow the company's "call in policy" to report intermittent leave absence unless there is an "unusual circumstance".

6Light Duty not counted as FMLA

Employers cannot count an employee's "light duty" work as FMLA leave.

7New definition for "serious condition"

The new change states, a “serious condition must” be more than 3 complete consecutive days of incapacity plus "two visits to a health care provider". The visits must happen within 30 days of the incapacity.

8Employers must give greater FMLA notice

Your boss must post FMLA notices and complaint filing procedures in handbooks, easily accessible posting boards or provide to employees at time of hire. Potential bad news for employees, employers now can take up to 5 business days to give FMLA notice and designation to employees.

9FMLA settlement claims

Usually involving severance or agreed settlement employees may retroactively settle a FMLA claim with the employer without going to court. FMLA rights of the employee cannot be waived.

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