FMLA Laws (CONT’D FROM PAGE 22)
Attorneys say that employers can stay out of trouble by avoiding the following common errors in policies and procedures: #1: Untrained Supervisors “Companies need to train their supervisors on how to recognize triggering events when employees put the com- pany on notice about leave,” said Dolly Clabault, Subject Matter Expert in HR Resources at J.J. Keller ( jjkeller.com ). “How the supervisor responds in that moment is criti- cal. They put the company at risk if they do not follow man- dated procedures.” She recommends annual compliance training to remind forgetful supervisors of the right thing to do. #2: Discouraging Leave A valued employee requests leave—just when the business is about to start an important project. Frustrating? Yes. Optional? No. “Mixed messages from supervisors, even informal comments such as ‘we’re really busy right now,’ can have a chilling effect on employees who are le- gally entitled to take leave,” said Ndjatou. “The company must treat leave as a normal part of doing business rather One supervisor thinks people should come to work when they’re sick. Another disagrees with some legally protected reasons for leave. A third thinks a certain worker has been abusing the system. than an exception or inconvenience.” # 3: Inconsistent Implementation
thermore, an employer who has had a violation is on the radar. Prior offenders are much more likely to incur addi- tional audits or scrutiny.” The costliest cases involve court trials. “Litigation can get very expensive vary fast,” said Seegers. Employers can be on the hook for attorney’s fees—both for their own counsel and the employee’s—as well as back pay and even forward pay if the employee can show the difficulty of getting another job. There is also the potential for emo- tional distress damages if an employee has been worried about being terminated.” Avoiding Issues Employers need to take a holistic approach, devoting time and effort into understanding how their workplace policies and procedures interact with federal, state, and local laws. The task is made more difficult by continual changes in the law that can blindside employers. “Delaware, Maine, Minnesota, Washington state, and Colorado are among the many jurisdictions that have recently expanded the scope of their leave regulations,” said Davis. More jurisdic- tions are adding reporting requirements, expanding rights into areas such as fertility treatment. Finally, the legal defi- nition of “family member” at the state level is expanding to include siblings, grandparents, parents-in-law, and domes- tic partners and even close friends.
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