FMLA calls for proper designation; the Family and Medical Leave Act requires employers to classify absences as FMLA leave and to notify employees in writing

Article Abstract:

Employers must designate Family and Medical Leave Act (FMLA) absences promptly or the leave time does not count as part of the employee's 12-week FMLA entitlement. In general, FMLA time cannot be counted retroactively. Supervisors must be trained to identify requests for FMLA leave so that this legal responsibility can be met. If employers lack enough information for a designation by the deadline, the employee should be notified that a preliminary designation of an FMLA absence has been made. The designation can be withdrawn and the employee notified if, upon the receipt of further information, the employer concludes there is no FMLA absence to deal with.

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Employers struggling to resolve convergence of ADA, FMLA 'leave;' FMLA absence may not count toward an ADA accommodation

Article Abstract:

Case law on employer duty in the cases where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) converge is not well-established, but judging from what does exist and from EEOC guidance employers can consider the original 12 weeks of FMLA leave when considering undue hardship under the ADA. EEOC positions are, however, not binding on the courts and employers should remember that there is some authority for the use of the 12 FMLA weeks for ADA reasonable accommodation purposes. A checklist for employers to follow for leave requested is given.

Discrimination against disabled persons, Handicapped discrimination, Employment discrimination

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Family, medical leave legislation: ensuring corporate compliance

Article Abstract:

The Family and Medical Leave Act, signed into law on Feb 5, 1993, affects private companies with at least 50 employees and requires up to 12 weeks of leave during any year for childbirth, adoption or foster care or to care for a family member with a serious illness. Employees keep their health insurance benefits during these leaves. Dept of Labor Regulations implementing the act need to specifically define some of the terms in the act such as the requirement that an employee get 'an equivalent position' upon return from the leave.

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