Expect stepped-up FMLA enforcement during 2016

The Department of Labor intends to step up Family and Medical Leave Act enforcement in 2016, including more on-site visits by federal investigators, according to a recent statement by U.S. Department of Labor – Family and Medical Leave Act Branch Chief Helen Applewhaite.

This means employers should pay close attention to their own employment policies as they relates to the FMLA. This includes carefully documenting individual employment situations.

The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance. Eligible employees are entitled to 12 work weeks of leave over a 12-month period for:

  • The birth and care of a newborn child within one year of birth.
  • The placement with the employee of a child for adoption or foster care and care for the child within one year of placement.
  • A serious health condition which leaves the employee unable to perform the essential functions of his or her job.
  • To give care for a serious health condition affecting the employee’s spouse, child or parent.
  • Any qualifying demand or emergency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered” active duty;

or 26 work weeks of leave during a single 12-month To care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

BCN Services can assist you in determining if you are a covered employer and if an employee is eligible for FMLA as well as administration of the leave. If you have questions, please contact us at 1-800-891-9911.

 

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Alicia Freeman, Product Manager

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