Q. On the U.S. Department of Labor’s Form WH-381 “Employer’s Response to Employee,” there is a line that asks whether the worker is a “key employee” as described in the. I always check the box indicating that the worker is a key employee. How should I mark these boxes? I consider most of our workers key employees, and I do not want to offend anyone by suggesting that they are not.
A. Theis misleading and your concern is justified. Under the and the California Family Rights Act, a “key employee” is defined as a salaried employee who is among the highest paid 10% of all employees employed within 75 miles of the work site.
Thus, it is unlikely that all the employees you have identified as key employees actually meet that definition.
One way to avoid possible morale issues is to modify the form by adding an asterisk next to the “key employee” box. Then spell out the definition of “key employee” at the bottom of the form. Don’t simply cite the definition in the FMLA regulations—that will probably be meaningless to most employees.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12726/fmla-who-is-considered-a-key-employee "
- If you're well enough to steal, you're well enough to work
- Be sure 'Shared' employees don't put you over FMLA limit
- Pull up a chair: You must have ADA accommodations talk with disabled employees
- Ensure FMLA status won't affect firing decision
- Employee returning from FMLA leave? Don't demand heroic catch-up