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Family And Medical Leave Act (FMLA)

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The FMLA entitles eligible employees of covered employers to take unpaid, jobprotected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to:

  • Care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

How the DOL’s New Lawyer Referral Program Will Increase Your Risk of FMLA Lawsuits!

The Wage and Hour Division (WHD) of the U.S. Department of Labor reports they received 40,000 FMLA related complaints in FY 2010 and estimate that about 10% go uninvestigated by the division due to lack of capacity. Consequently, at the end of 2010, WHD announced its new partnership with the American Bar Association (ABA) to actively refer workers with unaddressed claims to local ABA approved litigators
specializing in FMLA and FLSA cases. WHD has stated they may decline to investigate a case if it doesn’t align with the division’s priorities, most of which fall under FLSA governance. This increases the likelihood that FMLA cases will be referred to private litigators in the ABA network. This also means employers face a greater chance of FMLA litigation as workers-whose claims might not have been prioritized by WHD- are encouraged to exercise their “private right to action.”

Curbing FMLA Abuse- Do your employees treat FMLA like Friday-Monday Leave Act?

According to the Family and Medical Leave Act (FMLA), intermittent leave allows eligible employees to take job-protected leave in small increments instead of half or whole-day blocks. While intermittent leave gives employees greater flexibility in how they manage FMLA time, it also opens the door to more “creative” misuse and abuse of leave policies, challenging any organization’s scheduling and administrative practices and negatively impacting company morale in wide-reaching ways.

Attendance Enterprise can act as a secret weapon to discourage wrongful FMLA leave by uncovering leave-taking patterns, easing scheduling shortfalls and simplifying leave administration to promote a positive organizational outcome.

Attendance Enterprise ensures Compliance for FMLA:

One way to avoid FMLA litigation is through accurate time tracking in Attendance Enterprise. Typical time tracking-related complaints include: delayed responses to FMLA requests, failure to designate leave as FMLA, inaccurately tracking FMLA leave balances, or changing worker benefits (such as vacation accrual, work schedule and pay) during employment reinstatement. Careful time tracking is the only way to counter these types of FMLA claims and reduce overall risk of litigation by ensuring an employer can accurately respond, record and report FMLA activity.

Attendance Enterprise reduces the risk to your organization by storing accurate, to-the-minute records of an employee’s eligibility for, and use of, FMLA. Built-in automated FMLA calculations accurately determine if an employee is eligible or not in the Employment History or Benefit Activity Reports. Not all employees work enough hours or have been employed for long enough to take advantage of FMLA leave.

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IntegriTime Solutions, Inc.
12929 Lull Street
North Hollywood, CA 91605

Phone: 1 (800) 524-2294
Fax: 1 (818) 332-7959