Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician. Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their
FMLA FAQ: How Many Intermittent FMLA Leave Hours is an FLSA-Exempt Employee Entitled To?
Q. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches. He averages two to three intermittent absences per month. Normally, I would calculate the employee’s total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should be entitled to 600 FMLA hours because
FMLA FAQ: Is a Reinstated Employee Short on “Hours Worked” Eligible for FMLA Leave?
Q. We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?
A. When determining whether an employee has worked the requisite 1,250 hours in the
FMLA FAQ – Does Travel Time Count as FMLA Leave?
Q. One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
A. This clearly is a grey area in the law at present. Very few courts have given us guidance as
Policies, Practices and More: An FMLA “To Do” List for 2011
FMLA developments in 2010 came fast and furious: the DOL’s interpretation clarifying the definition of in loco parentis, GINA’s impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as
FMLA FAQ – Is a cold or the flu a serious health condition?
Q: Can an employee take FMLA leave due to a cold or the flu?
A: Yes, if it otherwise meets the definition of a “serious health condition.”
This question is confusing to many employers, and even some folks who hold themselves out FMLA experts. The source of this confusion is a misleading passage in the