Keep track of all time off! Authorized leave counts toward employees’ FMLA eligibility — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Keep track of all time off! Authorized leave counts toward employees’ FMLA eligibility

by on
in Employment Law,Firing,FMLA Guidelines,Human Resources

If you grant time off to employees who aren’t yet eligible for FMLA leave, take note: If they’re on your payroll, their time off counts toward FMLA eligibility.

That means that once they hit the one-year mark, they become entitled to those 12 unpaid FMLA weeks—and terminating them could launch an FMLA lawsuit.

That wasn’t always the case. Until the U.S. Department of Labor (DOL) issued revised regulations clarifying the issue last year, some courts took the view that only time actually spent at work counted toward the one-year requirement.

Recent case: On Jan. 2, 2006, Joseph Porcillo began working for Roma Foods as a district sales manager, selling pizza-related products to restaurants. In November 2006, Porcillo developed a lump in his abdomen. He went to his doctor, who immediately scheduled him for an operation to repair a hernia.

Porcillo asked to take all available sick and vacation days, plus short-term disabili...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment