• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

For FMLA purposes, who’s a ‘key employee’?

by on
in FMLA Guidelines,Human Resources

Q. On the U.S. Department of Labor’s Form WH-381 (Notice of Eligibility and Rights & Responsibilities), there is a line that asks if the worker is a “key employee” as defined in the FMLA. I don’t want to offend any of our employees, so I always check the “yes” box.  Am I doing the right thing?

A.
The FMLA form is misleading and your concern is justified. Under the FMLA and the California Family Rights Act, a “key employee” is defined as a salaried employee who is among the highest paid 10% of all workers employed within 75 miles of the work site.

Thus, it is unlikely that all the employees you have identified as key employees actually meet this definition.

One way to avoid possible morale issues is to modify the form by adding an asterisk next to the “key employee” box. Then define “key employee” on the bottom of the form. The form already contains the statute language, but it will 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/9848/for-fmla-purposes-whos-a-key-employee "

Leave a Comment