Six Absolutes to Avoid FMLA Discontent

The Family and Medical Leave Act (“FMLA”) will never be a source of quiet repose for HR Professionals.  But no matter how big your FMLA headaches become, they’ll unquestionably be a lot worse if you don’t at least implement these six simple propositions to head off the most common employee questions:

  • Display a current version of the Department of Labor’s FMLA poster, with the military leave provisions included.
  • Make your FMLA policy available to employees (in the employee handbook and in a standalone copy) and have them acknowledge (a) their receipt of the policy, (b) that they read the policy, and (c) that they understand the policy.
  • Make sure your policy states how the length of an employee’s leave is calculated and which 12-month calculation method your company uses.
  • Ensure your policy clearly describes which employees are eligible for FMLA leave and when, what circumstances qualify for leave, and how leave requests for spouses who both work at company will be processed.
  • Describe in the policy the process for requesting leave, including who and how to ask.
  • Advise employees whether the company requires or simply allows paid leave to be taken contemporaneously with FMLA leave.

Will this list foreclose all of your FMLA issues?  Of course not.  But if you’ve not taken care of these simple steps, you’re likely beyond redemption anyhow….


Author: Todd Stanton

Todd is the founder of Stanton Law, LLC in Atlanta, GA, where he is focused on helping companies avert employment-related issues without sacrificing managerial efficiency. “I take great pride in being able to provide counsel to employers and help them achieve practical solutions to what are often very personal, and potentially expensive, problems. I feel very lucky to be where I am right now, doing work I believe in. I really have a pretty good gig.” View all posts by Todd Stanton →

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