Medical Leave: What Employers Need to Know
In our most recent Question of the Week, we asked you to identify your #1 employment law headache. Your top answer? Medical leave.
To help ensure that you’re up-to-speed on all the latest medical leave developments, we thought we’d (1) post summaries of recent changes in the law and then (2) create new Cheat Sheets on each law that you can print out, frame and post in your office.
We’ll start with the FMLA. Here are the most recent changes:
Employer Notice: extended from 2 to 5 business days
Employee Notice: may be in line with attendance rules absent unusual circumstances
New Military Leave: Click here for a discussion of the new rules
Incomplete Medical Certification: written notice is required and then employees have 7 days to provide additional information
Recertification: allowed every 12 months for conditions lasting more than a year and every 6 months for ongoing conditions
Health Provider Contact: the new rules specify who may contact health providers — plan administrators and HR can but direct supervisors can’t
Fitness-for-duty Evaluations: are now allowed when an employee’s return from intermittent leave could pose safety concerns
Perfect Attendance Awards: FMLA leave may now disqualify employees from perfect attendance awards
Substitution: the old rule was that vacation and personal time were treated differently for FMLA purposes — now all leave is generally treated the same
Light-duty: doesn’t count toward FMLA leave
Job Reinstatement: rights continue during light duty or until the end of the 12-month period
Settlement: FMLA claims may now be settled without prior government/court approval
THE BOTTOM LINE: Make sure your handbook, policies, forms, posters and training are fully updated. Click here for handy tips in each of those areas.
COMING NEXT: The new Americans with Disabilities Amendments Act (ADAAA) and what it means for employers.