When it comes to the holidays, FMLA administration can be most difficult — both in terms of employee absences and how to calculate them.  As I covered last month, the FMLA regulations provide very specific rules for calculating an employee’s FMLA leave for a holiday or when the employer is shut down because of holidays or breaks.

Here’s yet another resource to help you administer FMLA leave around the holidays — a short podcast on the subject.  Last week, in her weekly podcast, Stephanie Thomas of The Proactive Employer bombarded me with a ton of excellent questions about how employers should calculate FMLA leave, particularly around the holidays.

If you’ve finished your holiday shopping and can’t get enough of the topic, you also can access my previous FMLA podcast on the subject: “Bah, Humbug! What Do I Do When My Employees Are Home for the Holidays?”

Our best wishes for a fabulous holiday season and a peaceful New Year!

Under the Family and Medical Leave Act, employers have the right to recover their share of health insurance premiums from an employee if he or she fails to return to work upon expiration of FMLA leave.  In this month’s FMLA Insights podcast, we walk employers through how they can go about collecting these premiums and under what circumstances they may do so.



In this month’s podcast, we propose a “to do” list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year. We cover topics such as revisions to your FMLA policy and forms, how to best calculate FMLA leave, and revisiting job descriptions and personnel policies so as to best administer FMLA leave.


Your employee has requested leave due to a serious health condition – either his or her own, or to care for a family member. You’ve sent out the notices, received a medical certification, and designated an employee’s leave as FMLA. However, as the weeks or months go by, you’re not so sure that the employee still legitimately needs FMLA leave. What are your options? In this podcast, we discuss the ins and outs of recertification, including what it is, and when and how you can request it.






What can you do when you receive a medical certification from an employee, but you think it might be fraudulent, or you just don’t understand what the doctor has written?  In these instances, does the FMLA allow you to contact the employee’s health care provider directly to inquire?  In this podcast, we explain the circumstances under which an employer may authenticate or clarify medical certification – without violating the rules.



The medical certification is perhaps the employer’s most important tool for managing FMLA leave. Unfortunately, many employers simply don’t use the certification process, or don’t use it properly. In this podcast, we discuss why medical certifications are important, when and how to request them, and what to do when an employee fails to return a complete and sufficient certification within the allotted time.



“Notice of Eligibility?  Designation Notice?  Medical certification form?  I give up!”

We often hear from clients that they have a tough time properly responding to an employee’s request for leave that might be covered by the FMLA.  Clearly, under the new FMLA regulations, employers must be able to master this response.

After listening to this month’s FMLA Insights podcast, employers will have a clear understanding of what their responsibilities are when responding to a request for leave.

During the podcast, we will reference the DOL’s model Notice of Eligibility and Rights and Responsibilities (WH-381) and Designation Notice (WH-382).




On June 22 the U.S. Department of Labor issued its first Administrator Interpretation under the FMLA, “clarifying” how the FMLA applies to requests for leave by those who provide care for a child without a biological or legal relationship to the child. In this month’s podcast, we explain what’s new in this interpretation, what isn’t, and what it means for employers.


Administering worker’s compensation benefits in conjunction with FMLA leave can create issues that trip up even the most experienced HR professional. This month’s podcast addresses common issues that arise when worker’s compensation leave intersects with FMLA leave, such as:

  • Can an employer run FMLA leave concurrently with a worker’s compensation absence?
  • Can an employer exhaust accrued paid leave while the employee is out on worker’s compensation and FMLA leave?
  • How does light duty affect an employer’s ability to administer FMLA leave?



If you experience a slow connection, please right-click this link and download the podcast