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ISSUE 7
There is no requirement for the employer to pay the workers for that time off, but they must retain the position for employees qualifying to use the leave. Employees may use the FMLA leave for their own personal major health issue or that of a family member such as a spouse, child or parent who is unable to care for themselves. But the main purpose of FMLA is to safeguard jobs while people need to be out. Can an employee be terminated while on protected leave? Yes, only if the employer has cause unrelated to the approved leave of absence.
During the recent pandemic, there was a temporary FMLA requirement to pay workers under some conditions for time off taken, but the law no longer has that provision. An earlier proposal put forward by the first Trump Administration that would have provided paid family leave for new parents never got off the ground. States and Localities Step In Failure as a country to provide a blanket policy to cover all employees left individual states, counties, and cities to take matters into their own hands crafting specific laws for their jurisdictions.
“Payroll needs to work with HR colleagues in implementing these new requirements so that deductions are properly made and accruals are reported accurately and timely.”
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