The Household and Medical Go away Act is among the bedrock federal employment legal guidelines underneath HR’s purview. Eligible workers are entitled to 12 weeks of unpaid, job-protected go away for sure household and medical causes, such because the start of a brand new youngster or caring for a critical well being situation, be it one’s personal or that of an instantaneous member of the family.
In response to employment regulation specialists, nonetheless, FMLA administration can simply fall by the wayside, significantly given the in depth administrative course of of verifying an worker’s eligibility, certifying their go away and arranging the logistics round their return to work.
The regulation additionally intersects with paid day without work insurance policies that will introduce additional wrinkles, similar to whether or not employers could run totally different go away allotments concurrently. Further considerations contain intermittent go away underneath the FMLA, in addition to the regulation’s interplay with the People with Disabilities Act and related state and native legal guidelines.
All of the whereas, federal courts proceed to hash out the FMLA’s necessities and have opined on employers’ FMLA compliance insurance policies in a number of instances this yr. Beneath, HR Dive has supplied a recap of current court docket choices involving FMLA claims, in addition to a current column exploring the regulation’s location-based eligibility necessities.
