The FMLA mandates that employers designate leave as FMLA for it to count as FMLA time. Employers cannot go back and retroactively apply FMLA time to a leave if it originally wasn't designated as such.
Similarly, if an employee works in a state with its own leave program, employers are responsible for guiding the employee through the process and designating the leave appropriately, making sure the employee doesn't use both FMLA and state leave time.
Many employers are unaware that they have employees working in a state with its own leave program. While some state programs have paid leave, others programs have leaves that are unpaid job-protected, and most combine both paid and unpaid job-protected aspects.
The location of your company headquarters doesn't matter when managing leave. Instead, it matters where the employee works and the eligibility factors that apply in that state. Each year, more states introduce leave programs, so employers need to be aware and ready to respond, especially if the organization employs people in multiple states.
Avoid these common misconceptions in leave management
- Uninformed managers. Managers don't need to be trained fully on FMLA, but they should know when to involve HR. Not informing HR in a timely fashion could cause delays or worse. If a manager retaliates or terminates an employee for a reason that's covered under FMLA, the employer could face a claim with the Department of Labor.
- Depending on generous leave packages. Some employers believe if they provide a generous leave package, they don't need to complete FMLA or state leave paperwork. Take care to designate leaves appropriately. Additionally, accurate and dependable payroll calculations will ensure you're not overpaying or underpaying an employee during leave. Consider bringing in a payroll expert to avoid mistakes.
- Overlooking state leave programs. Many states administer their own leave programs, with more states introducing such programs each year. Employers are responsible for knowing the state leave laws and ensuring compliance. Organizations also must take the appropriate steps to ensure that employees aren't using both FMLA and state leave time.
Managing leave can be challenging for employers because they might not be aware of different state leaves, or might not understand the timelines, qualifications or pay processes.
Improve your leave management system with a trusted partner
Ensure leave management compliance by choosing a partner with deep understanding of and experience with leave state regulations, especially if your organization employs people in multiple states. As an objective third party, Gallagher can review leave requests while addressing privacy issues, especially for organizations without an HR department.
Gallagher's experienced HR and Organizational Effectiveness team stays current on various state laws and requirements. We can handle payroll calculations, manage paperwork and track intermittent leave, which can be confusing to manage when employees don't take the full 12 weeks of leave time at once.
Trust Gallagher to provide an experienced consultant who understands all the steps to manage leave requests, whether they occur multiple times a month or only a few times a year.
Contact Us
