FMLA and Employee Illness – Three Tips for Compliance

October 8, 2020 | Share:

Employee illness can rock any organization. Similarly, an employee’s inability to work given family illness is equally difficult – for both the employee and the employer. The Family Medical Leave Act (FMLA) mandates compliance in similar scenarios for employers with more than 50 employees. Importantly, the Department of Labor (DOL) recently clarified the role of FML in recent weeks, given the global pandemic. Make sure that your organization is up to date and in compliance by adhering to the following tips:

1. Clarify via policy what documentation is required for those requesting leave. The Department of Labor’s recent guidance clarifies that expanded FML – under the Families First Coronavirus Response Act (“FFCRA”) – can request similar documentation to “conventional” FMLA, with accompanying certifications. Documentation requirements for emergency paid sick leave under FFCRA (2-weeks in duration) differ (as well as the timing of such requirements), and therefore your policy should distinguish accordingly.

2. Posting the FFCRA and FMLA notice is required. Although both laws overlap, eligible employers will only meet the posting requirement if both posts are distributed to the workforce. Significant penalties apply for a failure to do so.

3. Ensure that your payroll reflects policy requirements. Recent DOL guidance clarifies that employees taking leave for child care are entitled to $12,000 total, with $2,000 for paid sick leave and $10,000 for FML. Make sure that your payroll team or provider clearly tracks and catalogs leave requests to provide proper payment (and avoid possible penalties).

In this uncertain time, doing work on the frontend to update or create compliant policies provides clarity and security to the entire team. Feel free to reach out to me to discuss your team’s FML and paid leave policies.

ABOUT THEODORA STRINGHAM

tstringham@offitkurman.com | 703-745-1849

Theodora Stringham assists individuals, businesses, and organizations with growing successfully while minimizing liability. Focusing on real estate and personnel needs, Ms. Stringham executes sustainable plans for real estate development and employee matters. She provides comprehensive representation for everyday growth issues, including, but not limited to, re-zonings, site plan approvals, eminent domain/valuation concerns, employment discrimination, and disciplinary issues. Ms. Stringham’s scope of representation ranges from identifying potential liability and providing counseling/trainings, all the way through representation at trial.

 

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.

Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.

Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC