FMLA Guidelines for Employers: Compliance Is Essential
There are plenty of helpful FMLA guidelines for employers, but they all exist to reinforce this simple truth: compliance is essential. Maintaining compliance is the only way to keep your organization free of potentially devastating lawsuits and penalties, so “covered” employers should do everything in their power to abide by the regulations. According to the Department of Labor (DOL), a covered employer may be a, “…private-sector employer (with 50 or more employees in at least 20 workweeks of the current or previous calendar year), a public agency, or a school.” To protect themselves and the rights of their employees, covered employers should enlist a compliance partner to assist with FMLA administration and keep themselves out of hot water.
FMLA Guidelines for Employers – Never Assume!
Without leave experts on staff, employers leave themselves open to serious risk. The FMLA is an important piece of legislation protecting workers’ rights, but violations come with harsh consequences and mistakes can be easy to make. For example, a 2019 decision by the Massachusetts Supreme Court upheld a “$1.3 million damage award” to an employee after the former employer was found “…liable for retaliatory termination in violation of the FMLA, Americans with Disabilities Act (ADA), and a state law discrimination statute.” What caused this $1.3 million payout? The employee, on FMLA leave and wanting to return to his job early, was unable to obtain a return-to-work certification from his surgeon. He then took a previously scheduled vacation during FMLA leave with limited activity due to his recovery. The employee was then terminated under the incorrect belief that employees may not go on vacation during FMLA leave. It was a massive price tag that could have been avoided by working with FMLA experts.
FMLA Guidelines for Employers – Get a Compliance Partner
Existing FMLA compliance requirements combined with added pandemic relief legislation and supplemental state leave laws make compliance more difficult than ever before. Without a full team of FMLA experts on staff, it is incredibly risky to handle FMLA tracking and leave in-house. Choosing a compliance partner like BASIC for your FMLA administration significantly reduces liability and gives you peace of mind that your organization is satisfying all regulations.
BASIC Offers Expert FMLA & Leave Management Solutions
BASIC FMLA Administration can help employers of all sizes, with five levels of service to fit the specific needs of any organization. We take the worry out of FMLA compliance with fair and consistent application of the FMLA, meeting Federal and State regulations, and catching potential cases of FMLA abuse. BASIC’s team of FMLA experts can even handle intermittent leave, the most difficult aspect of FMLA administration. With easy-to-use Employer and Employee portals, BASIC FMLA makes tracking and administering leave straightforward and painless. Plus, you’ll never feel lost with a dedicated BASIC FMLA case manager just a phone call or email away.
