Clarify Eligibility Questions in the New FMLA Regulations
From Tips and Steps
In the US, the FMLA (Family Medical Leave Act) guarantees some benefits to employees in certain situations like childbirth or family emergency. The new FMLA regulations keep the old standard of 12 months of employment prior to FMLA leave eligibility. However, they have clarified the time accounting standards.
Steps
Check the employee vis-a-vis three old eligibility standards.
1250 hours of employment in the preceding 12 months
50 employees working within a 75 mile radius
12 months of corporate employment
Review the corporate employment records. Under the new FMLA regulations, the 12 months does not have to be continuous but it has to be within seven years of the current employment.
Review the employee's individual record. Some exceptions to the seven year rule are made for military service.
Refresh your knowledge of any collective bargaining agreements. This may also play into your FMLA leave decisions.
Retrain your HR staff on the new leave eligibility standards.
Make the decision to approve or deny the FMLA leave.
Tips
Make sure there are no issues with either the collective barging agreement or with federal laws protecting returning service members.
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