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FMLA-must track?
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FMLA-must track?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If a company is generous about offering leave and gives an employee whatever time off he/she needs, must the company track the time off as FMLA if it qualifies as such? Currently the time off is simpl
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FMLA-must track?
posted at 12/26/2008 7:57 AM EST
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Posts: 7
First: 10/15/2008 Last: 1/5/2009 |
If a company is generous about offering leave and gives an employee whatever time off he/she needs, must the company track the time off as FMLA if it qualifies as such? Currently the time off is simply noted in the HR calendar.
Thank you. |
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FMLA-must track?
posted at 12/27/2008 6:38 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
If you don't track an FMLA-qualified leave as an FMLA leave, and the employee later files a DOL complaint saying "hey, I didn't get my FMLA leave," the DOL will investigate and find no record of an FMLA leave. The DOL will then say to you "hey, you didn't give him his FMLA leave," and levy a big fine on you.
So yes, you should track FMLA-qualified leaves as such. |
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FMLA-must track?
posted at 12/29/2008 9:26 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree. Any employer who is not tracking it could get into issues they never dreamed of....even if they are most generous. It seems like being generous always comes back to bite the hand that is feeding it.
You can always allow MORE time. But I would document that the first 12 weeks are FMLA if they qualify. |
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FMLA-must track?
posted at 1/5/2009 7:29 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
BLR has a whole set of FMLA related information. It has good reviews.
That said I wrote our administration system. But it doesn't go into use until May 2009. So I hesitate to pass it on without production testing it first. You also need to consider how you are going to track (calendar year, anniversary year or rolling year). If you use rolling year, it is harder to administer but there is a smaller chance that an employee could take more than 12 weeks in any 52 week period. If you choose a specific calendar/anniversary year, they could use 12 at the end and then 12 at the next beginning. You just have to decide if the admin is worth doing rolling year. We decided that it was. So I set up to track it in Excel which does a pretty good job dealing with elapsed time. |
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