The Family and Medical Leave Act (FMLA) is a Federal law which grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons, such as the birth, adoption, foster care of a child, a serious health condition of the employee or an immediate family member, or a military exigency. Additionally, up to 26 weeks of unpaid job-protected leave are allowed to care for a service member with a serious injury or illness. The FMLA also provides other benefits and protections to employees who take leave, such as continuation of health insurance coverage and restoration to the same or an equivalent position upon return. Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Here are some “dos and don'ts” to help employers comply with the FMLA and avoid common pitfalls.
 

Dos:

- Comply with notice requirements. You must post a notice explaining the FMLA in a conspicuous place where employees can see it and include information about the FMLA in your employee handbook or other written policies. You must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations.
 

- Provide training for your managers and supervisors. They should know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights.
 

- Verify the eligibility and certification of employees who request FMLA leave. Before granting leave, you must confirm that the employee meets the eligibility criteria, which include working for you for at least 12 months, working at least 1,250 hours in the 12 months before the leave, and working at a location where you have at least 50 employees within 75 miles. You must also obtain a certification from a healthcare provider or other authorized source to verify the need for leave based on a qualifying reason. You may request recertification periodically during the leave, as allowed by law.
 

- Communicate with your employees on FMLA leave. You should stay in touch with your employees on leave to monitor their status and expected return date, as well as to provide any updates on their benefits, pay, or job. You should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, you should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.
 

- Be flexible and reasonable when administering FMLA leave. Employers should remember that FMLA is not the only law at issue when an employee seeks medical leave; State and Federal laws requiring accommodations for disabilities may apply as well. So, employers should attempt to accommodate their employees' needs when it comes to scheduling, duration, and frequency of leave, if it does not cause undue hardship to your business.

 

 

Don'ts:

- Discourage or prevent your employees from taking FMLA leave. You should not make negative comments, threats, or promises to influence your employees' decision to take or not take FMLA leave. You should not impose unreasonable conditions or requirements on their leave request or approval. You should not change their work conditions or expectations because they take FMLA leave.
 

- Retaliate against your employees for taking FMLA leave. You should not take any adverse action against your employees because they request or take FMLA leave, such as demoting, disciplining, terminating, reducing their pay, benefits, or opportunities. You should not exclude them from training, promotions, bonuses, or other rewards because they take FMLA leave.
 

- Count FMLA leave against your employees' performance or attendance records. You should not use FMLA leave as a negative factor in evaluating your employees' performance, productivity, or quality of work. You should not count FMLA leave as an absence that triggers disciplinary action under your attendance policy.
 

- Deny reinstatement to your employees after FMLA leave. You must restore your employees to the same position they held before taking FMLA leave, or an equivalent position with equivalent pay, benefits, and terms and conditions of employment. You may not place them in a lower or less favorable position because they took FMLA leave. The only exception is if you can prove that they would have been laid off or otherwise affected by a legitimate business decision unrelated to their FMLA leave.
 

- Violate the confidentiality of your employees' medical information. You must keep any medical information you obtain from your employees or their healthcare providers in connection with FMLA leave in a separate and secure file, and limit access to those who have a legitimate need to know. You must not disclose or discuss your employees' medical information with anyone without their consent, unless required by law or for legitimate business purposes.

 

These “dos and don’ts” only scratch the surface of an employer’s responsibilities and obligations under the FMLA, and employers must continue to stay up-to-date regarding how the FMLA operates in each specific situation that arises.
 

 

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management. They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

 

The Family and Medical Leave Act (FMLA) is a Federal law which grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons, such as the birth, adoption, foster care of a child, a serious health condition of the employee or an immediate family member, or a military exigency. Additionally, up to 26 weeks of unpaid job-protected leave are allowed to care for a service member with a serious injury or illness. The FMLA also provides other benefits and protections to employees who take leave, such as continuation of health insurance coverage and restoration to the same or an equivalent position upon return. Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Here are some “dos and don'ts” to help employers comply with the FMLA and avoid common pitfalls.
 

Dos:

- Comply with notice requirements. You must post a notice explaining the FMLA in a conspicuous place where employees can see it and include information about the FMLA in your employee handbook or other written policies. You must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations.
 

- Provide training for your managers and supervisors. They should know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights.
 

- Verify the eligibility and certification of employees who request FMLA leave. Before granting leave, you must confirm that the employee meets the eligibility criteria, which include working for you for at least 12 months, working at least 1,250 hours in the 12 months before the leave, and working at a location where you have at least 50 employees within 75 miles. You must also obtain a certification from a healthcare provider or other authorized source to verify the need for leave based on a qualifying reason. You may request recertification periodically during the leave, as allowed by law.
 

- Communicate with your employees on FMLA leave. You should stay in touch with your employees on leave to monitor their status and expected return date, as well as to provide any updates on their benefits, pay, or job. You should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, you should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.
 

- Be flexible and reasonable when administering FMLA leave. Employers should remember that FMLA is not the only law at issue when an employee seeks medical leave; State and Federal laws requiring accommodations for disabilities may apply as well. So, employers should attempt to accommodate their employees' needs when it comes to scheduling, duration, and frequency of leave, if it does not cause undue hardship to your business.

 

 

Don'ts:

- Discourage or prevent your employees from taking FMLA leave. You should not make negative comments, threats, or promises to influence your employees' decision to take or not take FMLA leave. You should not impose unreasonable conditions or requirements on their leave request or approval. You should not change their work conditions or expectations because they take FMLA leave.
 

- Retaliate against your employees for taking FMLA leave. You should not take any adverse action against your employees because they request or take FMLA leave, such as demoting, disciplining, terminating, reducing their pay, benefits, or opportunities. You should not exclude them from training, promotions, bonuses, or other rewards because they take FMLA leave.
 

- Count FMLA leave against your employees' performance or attendance records. You should not use FMLA leave as a negative factor in evaluating your employees' performance, productivity, or quality of work. You should not count FMLA leave as an absence that triggers disciplinary action under your attendance policy.
 

- Deny reinstatement to your employees after FMLA leave. You must restore your employees to the same position they held before taking FMLA leave, or an equivalent position with equivalent pay, benefits, and terms and conditions of employment. You may not place them in a lower or less favorable position because they took FMLA leave. The only exception is if you can prove that they would have been laid off or otherwise affected by a legitimate business decision unrelated to their FMLA leave.
 

- Violate the confidentiality of your employees' medical information. You must keep any medical information you obtain from your employees or their healthcare providers in connection with FMLA leave in a separate and secure file, and limit access to those who have a legitimate need to know. You must not disclose or discuss your employees' medical information with anyone without their consent, unless required by law or for legitimate business purposes.

 

These “dos and don’ts” only scratch the surface of an employer’s responsibilities and obligations under the FMLA, and employers must continue to stay up-to-date regarding how the FMLA operates in each specific situation that arises.
 

 

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management. They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

 

The Family and Medical Leave Act (FMLA) is a Federal law which grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons, such as the birth, adoption, foster care of a child, a serious health condition of the employee or an immediate family member, or a military exigency. Additionally, up to 26 weeks of unpaid job-protected leave are allowed to care for a service member with a serious injury or illness. The FMLA also provides other benefits and protections to employees who take leave, such as continuation of health insurance coverage and restoration to the same or an equivalent position upon return. Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Here are some “dos and don'ts” to help employers comply with the FMLA and avoid common pitfalls.
 

Dos:

- Comply with notice requirements. You must post a notice explaining the FMLA in a conspicuous place where employees can see it and include information about the FMLA in your employee handbook or other written policies. You must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations.
 

- Provide training for your managers and supervisors. They should know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights.
 

- Verify the eligibility and certification of employees who request FMLA leave. Before granting leave, you must confirm that the employee meets the eligibility criteria, which include working for you for at least 12 months, working at least 1,250 hours in the 12 months before the leave, and working at a location where you have at least 50 employees within 75 miles. You must also obtain a certification from a healthcare provider or other authorized source to verify the need for leave based on a qualifying reason. You may request recertification periodically during the leave, as allowed by law.
 

- Communicate with your employees on FMLA leave. You should stay in touch with your employees on leave to monitor their status and expected return date, as well as to provide any updates on their benefits, pay, or job. You should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, you should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.
 

- Be flexible and reasonable when administering FMLA leave. Employers should remember that FMLA is not the only law at issue when an employee seeks medical leave; State and Federal laws requiring accommodations for disabilities may apply as well. So, employers should attempt to accommodate their employees' needs when it comes to scheduling, duration, and frequency of leave, if it does not cause undue hardship to your business.

 

 

Don'ts:

- Discourage or prevent your employees from taking FMLA leave. You should not make negative comments, threats, or promises to influence your employees' decision to take or not take FMLA leave. You should not impose unreasonable conditions or requirements on their leave request or approval. You should not change their work conditions or expectations because they take FMLA leave.
 

- Retaliate against your employees for taking FMLA leave. You should not take any adverse action against your employees because they request or take FMLA leave, such as demoting, disciplining, terminating, reducing their pay, benefits, or opportunities. You should not exclude them from training, promotions, bonuses, or other rewards because they take FMLA leave.
 

- Count FMLA leave against your employees' performance or attendance records. You should not use FMLA leave as a negative factor in evaluating your employees' performance, productivity, or quality of work. You should not count FMLA leave as an absence that triggers disciplinary action under your attendance policy.
 

- Deny reinstatement to your employees after FMLA leave. You must restore your employees to the same position they held before taking FMLA leave, or an equivalent position with equivalent pay, benefits, and terms and conditions of employment. You may not place them in a lower or less favorable position because they took FMLA leave. The only exception is if you can prove that they would have been laid off or otherwise affected by a legitimate business decision unrelated to their FMLA leave.
 

- Violate the confidentiality of your employees' medical information. You must keep any medical information you obtain from your employees or their healthcare providers in connection with FMLA leave in a separate and secure file, and limit access to those who have a legitimate need to know. You must not disclose or discuss your employees' medical information with anyone without their consent, unless required by law or for legitimate business purposes.

 

These “dos and don’ts” only scratch the surface of an employer’s responsibilities and obligations under the FMLA, and employers must continue to stay up-to-date regarding how the FMLA operates in each specific situation that arises.
 

 

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management. They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

 

The Family and Medical Leave Act (FMLA) is a Federal law which grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons, such as the birth, adoption, foster care of a child, a serious health condition of the employee or an immediate family member, or a military exigency. Additionally, up to 26 weeks of unpaid job-protected leave are allowed to care for a service member with a serious injury or illness. The FMLA also provides other benefits and protections to employees who take leave, such as continuation of health insurance coverage and restoration to the same or an equivalent position upon return. Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Here are some “dos and don'ts” to help employers comply with the FMLA and avoid common pitfalls.
 

Dos:

- Comply with notice requirements. You must post a notice explaining the FMLA in a conspicuous place where employees can see it and include information about the FMLA in your employee handbook or other written policies. You must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations.
 

- Provide training for your managers and supervisors. They should know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights.
 

- Verify the eligibility and certification of employees who request FMLA leave. Before granting leave, you must confirm that the employee meets the eligibility criteria, which include working for you for at least 12 months, working at least 1,250 hours in the 12 months before the leave, and working at a location where you have at least 50 employees within 75 miles. You must also obtain a certification from a healthcare provider or other authorized source to verify the need for leave based on a qualifying reason. You may request recertification periodically during the leave, as allowed by law.
 

- Communicate with your employees on FMLA leave. You should stay in touch with your employees on leave to monitor their status and expected return date, as well as to provide any updates on their benefits, pay, or job. You should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, you should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.
 

- Be flexible and reasonable when administering FMLA leave. Employers should remember that FMLA is not the only law at issue when an employee seeks medical leave; State and Federal laws requiring accommodations for disabilities may apply as well. So, employers should attempt to accommodate their employees' needs when it comes to scheduling, duration, and frequency of leave, if it does not cause undue hardship to your business.

 

 

Don'ts:

- Discourage or prevent your employees from taking FMLA leave. You should not make negative comments, threats, or promises to influence your employees' decision to take or not take FMLA leave. You should not impose unreasonable conditions or requirements on their leave request or approval. You should not change their work conditions or expectations because they take FMLA leave.
 

- Retaliate against your employees for taking FMLA leave. You should not take any adverse action against your employees because they request or take FMLA leave, such as demoting, disciplining, terminating, reducing their pay, benefits, or opportunities. You should not exclude them from training, promotions, bonuses, or other rewards because they take FMLA leave.
 

- Count FMLA leave against your employees' performance or attendance records. You should not use FMLA leave as a negative factor in evaluating your employees' performance, productivity, or quality of work. You should not count FMLA leave as an absence that triggers disciplinary action under your attendance policy.
 

- Deny reinstatement to your employees after FMLA leave. You must restore your employees to the same position they held before taking FMLA leave, or an equivalent position with equivalent pay, benefits, and terms and conditions of employment. You may not place them in a lower or less favorable position because they took FMLA leave. The only exception is if you can prove that they would have been laid off or otherwise affected by a legitimate business decision unrelated to their FMLA leave.
 

- Violate the confidentiality of your employees' medical information. You must keep any medical information you obtain from your employees or their healthcare providers in connection with FMLA leave in a separate and secure file, and limit access to those who have a legitimate need to know. You must not disclose or discuss your employees' medical information with anyone without their consent, unless required by law or for legitimate business purposes.

 

These “dos and don’ts” only scratch the surface of an employer’s responsibilities and obligations under the FMLA, and employers must continue to stay up-to-date regarding how the FMLA operates in each specific situation that arises.
 

 

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management. They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

 

The Family and Medical Leave Act (FMLA) is a Federal law which grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons, such as the birth, adoption, foster care of a child, a serious health condition of the employee or an immediate family member, or a military exigency. Additionally, up to 26 weeks of unpaid job-protected leave are allowed to care for a service member with a serious injury or illness. The FMLA also provides other benefits and protections to employees who take leave, such as continuation of health insurance coverage and restoration to the same or an equivalent position upon return. Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Here are some “dos and don'ts” to help employers comply with the FMLA and avoid common pitfalls.
 

Dos:

- Comply with notice requirements. You must post a notice explaining the FMLA in a conspicuous place where employees can see it and include information about the FMLA in your employee handbook or other written policies. You must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations.
 

- Provide training for your managers and supervisors. They should know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights.
 

- Verify the eligibility and certification of employees who request FMLA leave. Before granting leave, you must confirm that the employee meets the eligibility criteria, which include working for you for at least 12 months, working at least 1,250 hours in the 12 months before the leave, and working at a location where you have at least 50 employees within 75 miles. You must also obtain a certification from a healthcare provider or other authorized source to verify the need for leave based on a qualifying reason. You may request recertification periodically during the leave, as allowed by law.
 

- Communicate with your employees on FMLA leave. You should stay in touch with your employees on leave to monitor their status and expected return date, as well as to provide any updates on their benefits, pay, or job. You should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, you should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.
 

- Be flexible and reasonable when administering FMLA leave. Employers should remember that FMLA is not the only law at issue when an employee seeks medical leave; State and Federal laws requiring accommodations for disabilities may apply as well. So, employers should attempt to accommodate their employees' needs when it comes to scheduling, duration, and frequency of leave, if it does not cause undue hardship to your business.

 

 

Don'ts:

- Discourage or prevent your employees from taking FMLA leave. You should not make negative comments, threats, or promises to influence your employees' decision to take or not take FMLA leave. You should not impose unreasonable conditions or requirements on their leave request or approval. You should not change their work conditions or expectations because they take FMLA leave.
 

- Retaliate against your employees for taking FMLA leave. You should not take any adverse action against your employees because they request or take FMLA leave, such as demoting, disciplining, terminating, reducing their pay, benefits, or opportunities. You should not exclude them from training, promotions, bonuses, or other rewards because they take FMLA leave.
 

- Count FMLA leave against your employees' performance or attendance records. You should not use FMLA leave as a negative factor in evaluating your employees' performance, productivity, or quality of work. You should not count FMLA leave as an absence that triggers disciplinary action under your attendance policy.
 

- Deny reinstatement to your employees after FMLA leave. You must restore your employees to the same position they held before taking FMLA leave, or an equivalent position with equivalent pay, benefits, and terms and conditions of employment. You may not place them in a lower or less favorable position because they took FMLA leave. The only exception is if you can prove that they would have been laid off or otherwise affected by a legitimate business decision unrelated to their FMLA leave.
 

- Violate the confidentiality of your employees' medical information. You must keep any medical information you obtain from your employees or their healthcare providers in connection with FMLA leave in a separate and secure file, and limit access to those who have a legitimate need to know. You must not disclose or discuss your employees' medical information with anyone without their consent, unless required by law or for legitimate business purposes.

 

These “dos and don’ts” only scratch the surface of an employer’s responsibilities and obligations under the FMLA, and employers must continue to stay up-to-date regarding how the FMLA operates in each specific situation that arises.
 

 

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management. They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.