4/00/31511251 © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations FMLA: Part II.

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Presentation transcript:

4/00/ © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations FMLA: Part II

4/00/ © 2000 Business & Legal Reports, Inc. Goals Know how benefit issues must be handled. Understand when intermittent leave can be taken. Know when reinstatement can be denied or delayed. Find out when termination is permitted.

4/00/ © 2000 Business & Legal Reports, Inc. Leave Requirements 12 weeks of unpaid leave Substitute accrued paid leave

4/00/ © 2000 Business & Legal Reports, Inc. Benefits Issues Employer must maintain group health insurance during leave Other benefits follow employer policies for other unpaid leave

4/00/ © 2000 Business & Legal Reports, Inc. Intermittent Leave Available for employee’s serious medical conditions or family member care

4/00/ © 2000 Business & Legal Reports, Inc. Part-time Employees Covered if they have worked for 1,250 hours in the last 12 months

4/00/ © 2000 Business & Legal Reports, Inc. Reinstatement Entitled to same or equivalent position Exceptions: – Certification – Termination – Intent to return – Fraud – Policy violations – Qualification

4/00/ © 2000 Business & Legal Reports, Inc. Light Duty For non-intermittent leave, employer cannot insist on light duty. Light-duty hours do not count as FMLA leave.

4/00/ © 2000 Business & Legal Reports, Inc. Termination Permitted if an employee fails to return to work and if ADA does not offer additional protection

4/00/ © 2000 Business & Legal Reports, Inc. Recordkeeping and Reporting Keep records for at least a three-year period. Medical information is confidential.

4/00/ © 2000 Business & Legal Reports, Inc. Retaliation No discrimination or retaliation against any person (eligible for leave or not) who has taken action or assisted in any action under the FMLA

4/00/ © 2000 Business & Legal Reports, Inc. Employer Liability Acts of employer, supervisors, or agents. Wages, reinstatement, promotion, lost benefits, attorney’s fees, and interest. For willful violations, double damages may be awarded.

4/00/ © 2000 Business & Legal Reports, Inc. Summary The employee is entitled to up to 12 weeks’ unpaid leave. The employer must maintain group health insurance during leave. Intermittent leave is available for employee’s serious medical conditions or family member care. Termination is permitted if an employee fails to return to work and if ADA does not offer additional protection.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz 1. The employer is required to maintain group health insurance during a leave. True or False 2. Intermittent bonding leave may not be taken unless the employer and employee agree to this arrangement. True or False 3. The employer is not required to provide returning employees with the same position or an equivalent one. True or False 4. Supervisors don’t have to worry about being held liable for FMLA violations. True or False 5. Employees who are on FMLA leave cannot be terminated. True or False

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers 1. True. 2. True. 3. False. The employer is required to provide each qualified returning employee with the same position or an equivalent one. 4. False. Supervisors may be subject to individual liability for FMLA violations. 5. False. If an employee fails to return after an FMLA leave and if ADA does not offer additional protection, the employee may be terminated.