Top FMLA mistakes: “Deeming” when you shouldn’t

In this episode, Ellen McCann explains how employers often incorrectly deem eligibility for the Family Medical Leave Act in two major ways. She offers best practices and advice on what to do if you’re unable to deem employees eligible for FMLA.  

Top takeaways:

• It’s important you understand why you cannot deem an employee eligible for FMLA if they are not eligible [01:34]
• Employers tend to violate this rule in two major ways: 1) Deeming an employee eligible who hasn’t met those strict eligibility requirements, and 2) saying a leave event is FMLA when it isn’t covered [03:34]
• If you wish to be more generous for employee eligibility or types of leave, the solution is to craft a corporate leave policy. [04:25]
• Make sure you’re doing the employee evaluation for all employees applying for FMLA: Resist the temptation to be more generous without doing your homework. Count the hours worked, the number of employees in the office the employee is reporting into. [07:18]

About the Speaker:
Ellen McCann
Assistant Vice President, Legal Counsel, Unum’s Employment Law Group

Ellen McCann is an acclaimed, national speaker on leave management issues including FMLA and ADA. She is also a certified trainer for SHRM and CE credit. As Assistant Vice President, Legal Counsel for Unum’s Employment Law Group, Ellen advises Human Resources on all employment-related legal issues. She also provides daily legal support to Unum’s Absence Management Center, which provides leave administration services to its customers. Presently, Unum’s leave administration product includes administration of over 200 state leave laws in addition to FMLA and covers over 2.2 million lives. 

Resources:
Download our FMLA Handbook here.
What state laws apply to your business? Get the facts.

Get in touch:
[email protected]
(207) 200-6685