Summary of FMLA Employer Requirements

I came across the following summary of the new FMLA Employer Requirements that I thought I would pass along.  If you have any questions on the following, just give us a call.

In November, the federal government issued new rules to clarify the Family and Medical Leave Act (FMLA), a complex law that had confused many employers and employees. The employers were given until January 16, 2009, to comply with the new guidelines.

Understanding the changes, which were issued by the Department of Labor, may help you in dealing with plan providers. Here are some of the key provisions of the new rules:

Eligibility notice. The employer must have a policy manual that explains who is eligible for FMLA leave. When an employee requests an FMLA leave, the employer must:

• Respond within five business days (up from one or two)
• Advise the employee whether he or she is eligible
• Provide at least one reason if the leave is denied
• Discuss arrangements for payment of health insurance premiums
• Discuss the use of concurrent paid leave

Employee eligibility. An employee must work for an employer for 12 months to be eligible for FMLA leave, and separate periods of employment count toward the total as long as the break in service is no longer than seven years (unless the longer break was caused by military service or there was a written agreement with the employer).

Retroactive designations. The employer may retroactively designate leave time as FMLA leave after appropriate notice to the employee if the designation does not harm the employee.

Employee notification to employer. An employee must notify the employer that he or she hopes to take a “foreseeable” FMLA leave at least 30 days in advance or as soon as possible. If the employee doesn’t give 30 days’ notice, the employer may require an explanation, with the possibility of delaying or denying the leave.

Medical certification. When an employee is certified to be in medical need of a leave, the employer may have a human relations professional, a leave administrator, or manager contact the healthcare provider. The employee’s direct supervisor may not contact the provider.

Recertifications. The employer may request a recertification of medical problems once every six months, up from once a year.

Tags: Compliance, FMLA