Top 10 Most Common Employer Violations of FMLA
“Top 10 most common employer violations of FMLA” as identified by the Department of Labor (DOL).
- Failure to notify the employee of FMLA rights.
- Failure to notify the employees that leave counted towards the employee’s 12-week entitlement.
- Counting FMLA leave against the company’s absentee policy for disciplinary purposes.
- Taking disciplinary action against employee for using FMLA.
- Failure to grant leave to provide physical care or psychological comfort to a seriously ill parent or child.
- Failure to reinstate employee to same or equivalent position, including same shift.
- Terminating an employee during or at the conclusion of FMLA leave.
- Failure to grant FMLA leave because of misunderstanding of what qualifies as a “serious health condition.”
- Failure to request a medical certification in writing and not giving the employee the “Rights and Responsibility Notice.”
- Failure to handle questions about the validity of a medical certification by guidelines set forth in the FMLA regulations.
BASIC FMLA Administration Options
BASIC FMLA Ease
- For employer groups ranging from 50 to 500 ee’s with low FMLA occurrence.
BASIC FMLA Ease Plus
- Designed for employer groups with more than 250 ee’s, having frequent FML occurrences of intermittent leave or a need for Integrated Voice Response (IVR).
BASIC Absence Management
- Intended for employer groups with the need to harness technology to track unscheduled absences for single or multiple locations.