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Retroactive FMLA
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Retroactive FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
In discussion with a supervisor about some attendance write-ups recently done, she told me one of the employees brought up that she should be able to use FMLA for the past absences. The employee has a
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Forums » Topic Forums » Legal Forum » Retroactive FMLA
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Retroactive FMLA
posted at 3/16/2010 12:04 PM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
In discussion with a supervisor about some attendance write-ups recently done, she told me one of the employees brought up that she should be able to use FMLA for the past absences. The employee has a child that apparently required some procedures that would cause her to be absent 2 days here and 3 days there. I am not sure how much information the supervisor had to clue her in that this might be a FMLA qualifying situation, but I did remind her that the employee need not specifically request FMLA. The employee is upset that the write up for excessive LWOP will be in her record. If she provided the proper certification NOW, would we be required to designate the PAST days missed for that reason as FMLA?
I think the problem is that our supervisors try to be compassionate and end up being too lenient. Now THEY are being required to tighten up and conference their employees on the excessive absences. Obviously, I will have to train (again!) on FMLA, but I do need to know about the retroactive bit. I did spend some time reading at the DOL website, but I could not find reference to this. Oh, and while I'm here, is there some point at which the intermittent absences can be said to create an undue hardship for the employer? For many of our positions, we have ratios we are required to comply with. When these folks are out, we have to find and pay someone else to be in their place. BTW - I noticed that about every 4th question on this forum has to do with FMLA. What does that tell us? |
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Retroactive FMLA
posted at 3/16/2010 12:20 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
The new regulations follow the Ragsdale decision issued by the U.S. Supreme Court, allowing an
employer to retroactively designate leave as FMLA leave as long as the employer gives appropriate notice that it is retroactively applying FMLA leave, and that the retroactive designation does not cause harm or injury to the employee. All the information on FMLA is "out there". In response to your last question I would wager it is more often than not individuals not taking advantage of the myriad of low-cost no-cost educational opportunities and staying up to date. |
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Retroactive FMLA
posted at 3/17/2010 5:04 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Thank you for your response and the cue to look at Ragsdale. As an HR department of one, I don't have as much time as i would like for "taking advantage of the myriad of low-cost no-cost educational opportunities and staying up to date"............which is why I visit this forum........which is why I am grateful it has been here these many years. |
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Retroactive FMLA
posted at 3/17/2010 9:35 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
And I will honestly say that anyone who deals with FMLA on a regular basis should read through the actual regulations at least once a year. They are actually easier to read than most other employment related laws. The DOL has free great fact sheets too that require little to no research.
http://www.dol.gov/whd/fmla/index.htm They used to have a thing called "elaws" but it looks like they are still revising it for the military changes under NDAA. But FMLA situations are usually such that it goes on a case by case basis and therefore many different questions pop up. And I agree it is always nice to get a 2nd opinion (especially when you are an HR dept of one!) |
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Retroactive FMLA
posted at 3/17/2010 9:36 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
oh, and one other really good FMLA-related site is:
http://federalfmla.typepad.com/fmla_blog/ |
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Retroactive FMLA
posted at 3/17/2010 9:59 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Thanks. I do go first to the DOL site to review the actual regulations, but usually looking for a specific situation. Good idea to just start at the beginning from time to time - keep up with changes.
I'll check out the other site, too. Thanks again. |
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