HR Solutions Blog
Home More Essential Information About FMLA
Toggle nav
More Essential Information About FMLA
No Comments
The U.S. Department of Labor issued afinal rule Feb. 25 updating regulatory definition of “spouse” for the purposes of the Family and Medical Leave Act. We decided to take this opportunity to look at the DOL’s ruling, as well as some otherFMLA information employers should understand.
The New FMLA Definition of ‘Spouse’
The new rule, which goes into effect on March 27, defines “spouse” as including people in lawfully recognized same-sex, common-law and valid marriages performed outside the U.S., that could have been legally performed in at least one state. This means employees who have a legal same-sex marriage in any state have the same rights to take FMLA leave as those in opposite-sex marriages — even if they live and work in a state that doesn’t allow for same-sex marriage. Previously, “spouse” did not include same-sex spouses of employees living in states that don’t recognize same-sex marriage.
In 2010, the DOL updated the FMLA definition of “son or daughter” to include the child of a person standing in loco parentis. Now, under FMLA, the definition includes a biological, adopted or foster child, stepchild, or legal ward, younger than 18, or 18 or older who is “incapable of self-care because of a mental or physical disability.”
Health Insurance During FMLA Leave
It’s important to remember that employees on FMLA leave are entitled to the continuation of their group health insurance, with no change in terms, says Scott Mirsky of Mirsky Policastri LLC. Employers must continue to make their premium contributions during the FMLA leave, and employees are still obligated to pay their share.
“If the employee does not return to work at the end of the FMLA, the employer may under certain circumstances require the employee to repay the employer for its portion of the contribution,” he says. Employers also have rights if employees fail to pay their share of the cost of health insurance while they’re on FMLA leave.
Coordinating FMLA With Other Time Off
Generally, paid time off, short-term disability and other forms of leaves can run concurrently with FMLA based on an employer’s usual practices, says Charles Krugel. “In other words, don’t penalize an employee for using PTO just because they’re on an FMLA leave, or vice versa.” Employers should compare their current leave and FMLA policies with disability policies to ensure the use of PTO is applied consistently and correctly. In addition, employers should clearly communicate such policies to the employee taking FMLA leave, Krugel says.
Company policy may also be affected by the terms of your contract with your short-term disability carrier. For example, some policies will not make any payouts until an employee’s PTO has been exhausted. Because of this, it’s vital that employers understand the different policies before they make any payouts to employees on leave. It’s also a good idea to review the terms of your contract with your carrier and your company’s FMLA policies for cohesiveness each year when you renew your short-term disability insurance policy.
Another type of leave that employers often overlook when considering the applicability of the FMLA is lost time under workers compensation. When an employee is unable to work due to a work related injury, the employer may be able to count such time off towards the FMLA entitlement. In such cases, the employer will have to determine whether the condition meets the FMLA definition of a serious medical condition.
Pay Attention to Details
Because leave under FMLA, PTO, disability and workers compensation are different (and in some cases, mandated), the reinstatement processes are different and could be mutually exclusive, Krugel says. For example, an employee who’s returning from time off for workers comp and extended with the FMLA may be entitled to reinstatement to the same position under the FMLA, but may be restricted from working that position due to workers compensation leave restrictions.
In general, applying FMLA rules involves understanding a lot of essential details. If you’re unsure about those details, it’s a good idea to protect your business by seeking outside professional assistance.
Contact us if you need help understanding FMLA and training your managers to apply it appropriately.
HR Solutions is a human resources outsourcing firm based in Baton Rouge, Louisiana. We eliminate human resources headaches for businesses with 10 to 1,000 employees by handling their payroll, employee benefits, regulatory compliance and other staffing needs. Contact us to learn how we can streamline your company’s human resources function to save money and reduce risk.
