In HR Dive’s Mailbag series, we answer HR professionals’ questions about all things work. Have a question? Send it to [email protected].
Q:What happens if you go through the FMLA process — notices, medical documentation, approval — and later realize the employee isn’t eligible because they didn’t work enough hours?
When employers follow the leave designation process set out by the U.S. Department of Labor for Family and Medical Leave Act leave, they won’t likely run into this problem, according to Epstein Becker Green Member Nancy Gunzenhauser Popper. That’s because at the beginning of DOL’s designation process, employers fill out a form — WH-381, to be specific — that details an employee’s FMLA eligibility.
The form calls into question an employee’s length of service and hours worked, two essential components of FMLA eligibility. To qualify for FMLA leave, employees must have worked for their employer for 12 months over a seven-year period. They also need to have worked 1,250 hours within a 12-month period prior to taking leave.
The form will prompt employers to consider whether the employee in question meets those standards. “It’s an incredibly helpful tool for HR professionals to use,” Gunzenhauser Popper said. “Always remember to read it through completely instead of just checking the eligibility box … It will hopefully be a really good stopgap before you get too far into the FMLA process.”
When the stopgap works and employers realize an employee who...
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