As with any accusation of abuse and/or non-compliance, an explanation is always available from the side of the accused. In this case, both employees and employers have been on the defensive concerning abuse of FMLA and each has ready explanations for why it occurred. In general, the consensus from those involved is that the rules and regulations of the Act are difficult to understand and therefore the non-compliance or abuse is really unintentional and just a misunderstanding. One such scenario is when an employer believes that an employee must first request that a requested leave be categorized as FMLA and that it is not the employer’s responsibility to determine whether or not the leave would be eligible for FMLA coverage.
It is true …show more content…
The rules for holiday pay and FMLA leave clearly state that whether or not an employ on leave should be entitled to holiday pay depends upon the employer’s own policy. If an employee is eligible for holiday pay while taking sick leave, vacation and/or unpaid leave, then that employee is eligible for holiday pay while on FMLA leave. But if an employee is not eligible for holiday pay when taking a sick day before or after a holiday, or if those on unpaid leave do not get paid for holidays, then the employee on FMLA leave is NOT eligible for holiday pay. Many times, this information is not readily available or understood either by the employer or the employee and this misunderstanding of the regulations can result in a perception of abuse on one side or the …show more content…
Some of the wording in the law may be confusing, for example, the following terms: ‘serious health condition’ and ‘continuing treatment’ when referring to eligibility of an employee for using FMLA, which gives limited credence to those who use that as a reason for inadvertent abuse and/or compliance. Limited because in the twenty plus years since the FMLA passed, numerous ways exist to clarify the information, one in particular is the FAQs provided by the Department of
It is true …show more content…
The rules for holiday pay and FMLA leave clearly state that whether or not an employ on leave should be entitled to holiday pay depends upon the employer’s own policy. If an employee is eligible for holiday pay while taking sick leave, vacation and/or unpaid leave, then that employee is eligible for holiday pay while on FMLA leave. But if an employee is not eligible for holiday pay when taking a sick day before or after a holiday, or if those on unpaid leave do not get paid for holidays, then the employee on FMLA leave is NOT eligible for holiday pay. Many times, this information is not readily available or understood either by the employer or the employee and this misunderstanding of the regulations can result in a perception of abuse on one side or the …show more content…
Some of the wording in the law may be confusing, for example, the following terms: ‘serious health condition’ and ‘continuing treatment’ when referring to eligibility of an employee for using FMLA, which gives limited credence to those who use that as a reason for inadvertent abuse and/or compliance. Limited because in the twenty plus years since the FMLA passed, numerous ways exist to clarify the information, one in particular is the FAQs provided by the Department of