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Top Ten Family Medical Leave Act Offenses | Business

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Top Ten Family Medical Leave Act Offenses
Top Ten Family Medical Leave Act Offenses

NATIONAL: Since the inception of the Federal Family and Medical Leave ACT, (F.M.L.A.) 29 CFR part 825 on Auust 5 1993, the Department of labor has answered literally thousands of questions on the topic of compliance.


The questions were in reference to employer and employee in nature. The Wage and Hour Division has processed over two thousand employee initiated complaints and over this time, a representative sample of complaints has been identified and offers the public and government an example of what the top complaints are.


The following list is offered by the United States Department of Labor to offer examples of personnel actions which will most likely cause employees to file complaints with the Wage and Hour Division of the United States Department of Labor. The specific regulations are cited for your reference.


Here is the Top Ten:

1. Failure to notify employee of FMLA rights. (825.300-.301)

2. Failure to notify employee that leave counted towards 12-week FMLA entitlement. (825.208(b)(1)-


3. Counting FMLA leave against the firm's absentee policy for disciplinary purposes. (825.220(c)

4. Taking disciplinary action against employee for using FMLA. (825.220(c))

5. Failure to grant leave to provide physical care or psychological comfort to a seriously ill parent.


6. Failure to reinstate a employee to same or equivalent position.

7. Terminating an employee during or at the conclusion of FMLA leave.


8. Failure to grant FMLA leave because of a misunderstanding of what qualifies as a "serious health condition". (825.114)

9. Failure to request medical certification in writing and not giving employee at least 15 days to obtain medical certification. (825.305)

10. Failure to handle questions about the validity of a medical certification by guidelines set forth in FMLA regulations. (825.307)

Additionally, under Management Instruction EL- 860-98-2, FMLA documentation can become "restricted medical record" when it includes restricted medical information, diagnoses and/or does not involve a worker's compensation claim. As such, it is highly confidential, reflect the privileged employee-occupational health provider relationship, and have the most limitations placed on both their access and disclosure.

Only medical personnel or postal personnel with a need to know have access to this material. These records are maintained only in medical offices or facilities in employee medical folders (EMFs) unless otherwise directed by the national medical director. Any request for review of this information must be made in writing and is not automatically approved.


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