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What are Common FMLA Issues?

August 7th, 2019

The Family and Medical Leave Act (FMLA) can be difficult for employers and employees to understand. The FMLA was created to help employers designate leave to those who are eligible. If workers are covered under the FMLA, they receive 12 weeks of job protection in a 12-month period. These 12 weeks cannot be saved or postponed. The problem with tracking FMLA leave is that other acts, such as the Americans with Disabilities Act (ADA), cause confusion for employers. Employers are now attempting to encourage others to outsource leave management altogether.

When Can FMLA Leave Be Applied?

There are many instances where the FMLA needs to be applied to Human Resources situations. When someone in an employee’s immediate family needs help because of a disability, the employer should consider the FMLA when enabling leave from work. Disability does not always mean that the ADA needs to be involved. Since it is not the direct employee’s disability, the FMLA would grant leave to an employee on behalf of their family member.

When it comes to situations regarding non-serious health conditions, such as the flu, employers who call out for more than three consecutive days can qualify for FMLA leave. This number can include days that the employee was not scheduled for work. The 12 weeks that the FMLA grants to the employer needs to be used right away as it cannot be saved for future use. Issuing FMLA forms to the worker will ensure that they receive the protection that they deserve.

How Can I Determine If I Need FMLA Leave?

To determine if the FMLA needs to be applied, the employer needs to acknowledge if the worker’s case is a serious health condition. If the health condition is not serious, there is no need for the FMLA to be notified. Also, if an employee does not request leave, then the FMLA does not need to be involved. The first step for an employer to take when their employee requests off or a leave of absence, is to work with their current schedule to try and accommodate their health condition or reason for needing leave.

After that is discussed, the next step is to involve the FMLA if the employee wants a leave of absence. The best thing to do is grant the employee the 12-week leave as this can only be given once and cannot be used again. In the end, the FMLA will ensure that the employee receives the leave that they need, but will also cap the amount of time off that an employee receives. This helps the employer come up with a back-up plan for the time that the employee is off.

Philadelphia FMLA Lawyers at The Gold Law Firm P.C. Help Employers and Employees with FMLA Issues

The FMLA can be confusing for anyone. To ensure that you are receiving the maximum compensation and adequate leave amount for a family or medical problem, contact a Philadelphia FMLA lawyer at The Gold Law Firm P.C. For a free consultation, contact us online or call us at 215-569-1999 today. Located in Philadelphia, we serve clients throughout Bucks County, Chester County, Delaware County, and Montgomery County.

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