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formula can result in an invalid rejection of the FMLA leave request and result in claims against the employer for FMLA interference. There are multiple decisions that must be made by the employer including decisions on certification, recertification, intermittent leave, etc. Employers should determine whether specific absences for medical reasons are covered by the FMLA. Employers should require medical certification, as allowed by the FMLA, and use that information to verify that the employee’s absences qualify them for FMLA coverage. Finally, if the employee’s absences are covered under the FMLA, the employer should not discipline or terminate the employee for absenteeism that is the result of taking FMLA-protected leave. One of the biggest problems in administering the Family and Medical Leave Act is an employer’s failure to tell an employee that his absence is a covered FMLA leave. Failing tomake such a designation means that an organization cannot count the absence against the employee’s 12 weeks of FMLA leave. Employers should closely monitor absences, even those of fairly short duration to determine whether they qualify as FMLA leave. Then provide the employee notice of the leave designation as required.Sources:HR Online.com. (2015) “Designate FMLA Leave Appropriately.” Web. Retrieved June 24, 2015 from PPS Publishers.com. (n.d.) “Attendance and Absenteeism Policy.” Web. Retrieved on June 24, 2015 from Respond(an instructor response)CollapseMark as ReadRE: Response - Linda SirignanoInstructor Wynne6/26/2015 1:27:48 PM
Great work from everyone so far... class do we think this act violated our medical privacy rights? If we have to prorvide our employers with medical certification does this not violate our medical privacy rights? RespondCollapseMark as ReadRE: Response - Linda SirignanoAmanda Laclair 6/27/2015 7:35:14 PMI do not think that if we provide our employer a medical certificate that it violates our medical privacy right because our employer has a right to know that there is need for leave that is certified by a medical professional. I think it would be a violation if the employer shared that information with other employees at to why another employee is out on FMLA though. Respond(an instructor response)CollapseMark as ReadRE: Response - Linda SirignanoInstructor Wynne6/28/2015 11:39:58 AMIt is a fine line...RespondCollapseMark as ReadRE: Response - Linda SirignanoStella McKinley-Pate6/26/2015 11:59:49 PMLinda,
You are absolutely correct about the complications that can occur with FLMA. Employees should make sure they are well aware of the qualifications and eligibility of taking leave under FLMA. You have raised some good points on reasons on some disadvantages that can occur. Having to prove the severity of an illness, being terminated if absenteeism’s are not covered by FLMA and having to use paid vacation or leave time to cover for time off.