FMLA regulation strikes out again

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in FMLA Guidelines,Human Resources

Another federal appeals court has struck down Labor Department regulations that say the clock doesn't start ticking on an employee's allowable Family and Medical Leave Act (FMLA) leave if the company fails to notify the worker properly that the absence will count as FMLA leave.

A company already had provided seven months of leave time under its policy, and the 8th U.S. Circuit Court of Appeals says FMLA guarantees only 12 weeks. (Ragsdale v. Wolverine Worldwide Inc., No. 99-3319, 8th Cir., 2000)

The 11th Circuit struck down the rule last year. The 6th Circuit, however, upheld Labor's FMLA regulation this year

Advice: It's still good company policy to notify workers in advance when time off will count against their FMLA leave.

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