Forums
Non-required FMLA
Legal Forum
Non-required FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My company is not subject to the
FMLA due to our size (<25 employees), but have chosen to adhere to FMLA guidelines, even referencing the FMLA in our employee handbook. Since we are not legally re
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17484
Forums » Topic Forums » Legal Forum » Non-required FMLA
|
Non-required FMLA
posted at 8/3/1999 1:43 AM EDT
|
Posts: 6
First: 8/3/1999 Last: 9/26/2000 |
My company is not subject to the
FMLA due to our size (<25 employees), but have chosen to adhere to FMLA guidelines, even referencing the FMLA in our employee handbook. Since we are not legally required to follow FMLA, are we opening ourselves up to potential problems if we deviate from the guidelines or can we pick and choose how we wish to use them? |
|
|
Non-required FMLA
posted at 8/3/1999 4:02 AM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
The Regulations provide that "[a]n employer must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA." 29 CFR Sec. 825.700. Moreover, as a general matter, employment agreements modifying the traditional employment at will relationship can be created through language in employee handbooks. Deviating from your stated policies in individual cases could open you (at a minimum) to allegations of discrimination and breach of contract. |
Forums » Topic Forums » Legal Forum » Non-required FMLA
