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FMLA - SUBJECT TO GUIDELINES?
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FMLA - SUBJECT TO GUIDELINES?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I read EP&G's response to FMLA and the employer not having the required minimum of 50 employees but it still leaves me somewhat in the dark. Is EP&G stating that if an employer is not subject
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Forums » Topic Forums » Legal Forum » FMLA - SUBJECT TO GUIDELINES?
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FMLA - SUBJECT TO GUIDELINES?
posted at 8/3/1999 4:42 AM EDT
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Posts: 99
First: 6/22/1999 Last: 12/11/2001 |
I read EP&G's response to FMLA and the employer not having the required minimum of 50 employees but it still leaves me somewhat in the dark. Is EP&G stating that if an employer is not subject to FMLA, then we must provide a leave policy that is equal to or better? Thank you in advance for clarification. |
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FMLA - SUBJECT TO GUIDELINES?
posted at 8/3/1999 6:11 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
No. It does not prevent an employer from ESTABLISHING a leave policy that is equal or better, but does not require it. In the response to which you refer, the employer did not qualify but established a policy that mirrored the FMLA. EB&G's advice said that the policy could be established and modified through the handbook language and needs to be consistently applied. If you do not qualify, you MAY establish a policy, and CAN establish one, but are not required to.
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FMLA - SUBJECT TO GUIDELINES?
posted at 8/3/1999 9:29 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
By definition, FMLA is silent with respect to employers not subject to it. Even for employers who are subject to it, FMLA Regs. policies that exceed the minimum leave imposed by FMLA. However, once the employer establishes its policy (particularly pursuant to a handbook in which the employer is bound by the policies contained therein) it then needs to fairly and consistently apply those policies. |
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FMLA - SUBJECT TO GUIDELINES?
posted at 8/12/1999 5:21 PM EDT
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Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
No, that would make no sense.
What it means is that, for example, if you have a program IN PLACE that provides greater benefits than those of FMLA, you must observe your existing plan, meaning that you abide by it. |
Forums » Topic Forums » Legal Forum » FMLA - SUBJECT TO GUIDELINES?
