Menu
HARIK THOMPSON CPAs
  • About
    • Team
      • Patricia Harik
      • Kevin Thompson
    • Affiliation
  • Services & Industries
    • Accounting Services
    • Business Consulting
    • Entertainment Industry
    • Estates and Trusts
    • Financial Planning
    • International Taxation
    • Tax Strategies
  • Insights
  • Resources
  • Payments
  • Contact
  • About
    • Team
      • Patricia Harik
      • Kevin Thompson
    • Affiliation
  • Services & Industries
    • Accounting Services
    • Business Consulting
    • Entertainment Industry
    • Estates and Trusts
    • Financial Planning
    • International Taxation
    • Tax Strategies
  • Insights
  • Resources
  • Payments
  • Contact

Common FMLA Mistakes to Avoid

8/3/2022

 
Officially called the Family and Medical Leave Act, the FMLA is a federal law that makes it a requirement for employers with at least 50 employees to offer unpaid though job-protected leave to any and all eligible employees.
There are certainly a number of nuances involved with the FMLA, including what this looks like when it comes to covering employees, the approved reasons as to why employees are permitted to take FMLA-covered leave and the process of requesting as well as approving leave under the FMLA.
​
According to an SHRM article, it has been shown that “legal experts say the [FMLA] law is full of traps that can snag employers that let their guard down.” Below are a few mistakes to watch out for when working within the guidelines of the FMLA.

Not following the FMLA’s notice requirements
Under the FMLA, employers are required to provide their employees with crucial notices regarding the FMLA, including the following:
  • A general notice about the FMLA.
  • A notice that informs employees of their status regarding eligibility in addition to their FMLA rights and responsibilities.
  • A notice telling employees whether a certain type of leave qualifies under the FMLA as well as how much time the employee is allotted within the FMLA leave that said employee is entitled to receive.

Improper handling of FMLA recertifications 

If desired, you can require employees who submit requests for FMLA leave, whether for caregiving or recuperation purposes, to also submit valid certification from a medical professional that clearly states the reason behind the request for leave.

Once an employee’s FMLA leave request is approved, employers should ask the individual employees for additional medical certification if necessary. However, these types of restrictions are time-sensitive, so employers need to handle them as carefully and diligently as possible. 
​
Failing to notify employees of their eligibility for FMLA leave
For an employee to qualify for FMLA leave, said employee must adhere to these three requirements:
  • Have been an employee with your company for at least 12 months within the past seven years.
  • Have worked at least 1,250 hours within the past 12 months.
  • Have worked at a location that is within 75 miles of 50 employees, at a minimum, who work for your company. 

Although this information can be a challenge to keep track of — not to mention apply to a situation — employers are required to notify both current and rehired employees as soon as they are eligible for FMLA-approved leave. An excellent way of ensuring that you are on top of notifying employees when they become eligible for FMLA leave is by implementing reputable HR software.

Additional dangers
  • Lacking an official FMLA policy. A documented policy is key to an organized and consistent FMLA leave process.
  • Hiring silent managers. It can be dangerous to employ managers who end up failing to promptly inform the HR department that an employee is out on extended FMLA leave.
  • Employing untrained managers. Examples include managers who illegally punish employees for taking FMLA leave, discourage employees from requesting FMLA leave or ask employees to submit prohibited medical information. 
  • Failing to take FMLA abuse seriously. According to experts, the FMLA is regarded as a minefield in the context of employee abuse. In order to combat the increased potential for abuse, it is wise to request medical certification and documentation. 
  • Not implementing adequate administration. The proper administration of paid leave taken for FMLA leave purposes is critical. 
  • Experiencing reinstatement issues. With the exception of specific and limited cases, it is imperative that, upon returning to work after taking an FMLA-approved leave, employees are reinstated to the positions they held prior to their FMLA leave. While this is important, a few potential problems may arise if employers try to reinstate any qualifying employee to a different position, postpone the employee’s reinstatement altogether or simply fail to reinstate the employee’s benefits upon his or her return to work.

Ultimately, employers should ensure that they consider additional laws, such as applicable state, family or medical leave laws, when determining the FMLA eligibility of employees. As an employer, make it a priority to work with qualified professionals who can ensure that, as a business, you are in compliance with FMLA obligations. 

Comments are closed.

    Newsletter articles are posted every 2 weeks. ​

    If you would like to have our e-newsletter delivered directly to your inbox, please sign up. Your information is confidential; you can unsubscribe at any time. Subscribe.

    Categories

    All
    1040-X
    1099 Form
    2021 Adjustments
    401Ks And IRAs
    529 College Savings Plans
    941 Form
    ACA Affordable Care
    Accounts Receivables
    ADA Americans With Disabilities Act
    Alternative Minimum Tax
    Annuities
    ASC 606
    Audits
    Back Pay
    Backup Withholding
    Bankruptcy
    Basis
    Benefit Transfers
    Blockchain
    Bonuses
    Budgeting
    Business Closure
    Business Deductions
    Business Interest Expense
    Business Interruption Insurance
    Business Structure
    Business Tips
    Capital Gains
    CARES Act
    Cash And Accrual
    Cash Flow
    Charitable Gifts
    Commercial Real Estate Vacancies
    Communication
    Compensation
    Coronavirus
    Coronavirus Relief Package
    Credit Cards
    Credit Score
    Crowdfunding
    Death And Debt
    Debt
    Deductions
    Depreciation
    Disaster Relief Payments
    Disaster Tax Break
    Diversity Training
    Dividends
    Divorce
    D&O Insurance
    Dollar Cost Averaging
    Down Payment
    Dress For Success
    Earned Income Tax Credit
    Economic Injury Disaster Loan
    Education Credits
    EIN Employee ID Numbers
    EITC
    Elder Mediation
    Employee Direct Deposit
    Employee Leave
    Employee Overpayment
    Employee Ownership
    Employee Pay
    Employee Retention Credit
    Employees Cross State Lines
    Employee Taxes
    Employment Record Keeping
    Employment Taxes
    Entertainers
    ESOP
    Estate Planning
    Estate Taxes
    Estimated Taxes
    Executor
    Expenses And Depreciation
    Expensing Rules
    Family Businesses
    Family Leave
    FATCA
    Federal Excise Tax
    Fiduciary
    Filial (Adult Child) Responsibilities
    Filial Responsibility
    Filing Status Options
    Financial
    Financial Advisor
    Financial Planning
    Flood Insurance
    Floods
    Foreign Earned Income
    Franchise Ownership
    Fraud
    Freelancing
    Furloughs
    Harik Thompson Merger
    Headcount Reporting
    Health Care
    Health Savings Account
    HIPAA
    Hiring Compliance
    Hiring Help
    Hiring Tax Credits
    Hoaxes
    Hobby Vs. Business
    Home Equity Loans
    Home Office Deduction
    Homeowners
    Homeowners' Deductions
    HSA
    Hurricanes
    IC-DISC
    Identity Theft
    Income Tax
    Independent Contractors
    Inflation
    Information Return
    Inherited Mortgage
    Innocent Spouse Rule
    Insurance
    Intestate
    Inventory Management
    Investing
    Investors For Your Business
    IRAs
    IRS CP2000
    IRS Disagreements
    IRS Identity Protection PIN
    IRS Representation
    IRS Rights
    Joint Tenancy
    Key Performance Indicators
    Kiddie Tax
    Layoffs
    Lease Accounting
    Leave
    Legacy
    Life Insurance Trusts
    Loans
    Long Term Care Insurance
    Managing Employees
    Market Capitulation
    Marriage Penalty
    Maternity And Paternity Leave
    Medicaid Trust
    Medical And Dental Deductions
    Medicare
    Mergers
    Mileage Rates
    Morale
    Mortgages
    Multistate Taxes
    Myers-Briggs Personality Types
    Net Investment Tax
    Net Pay
    New
    Newsletters
    New Tax Law
    Noncompete Agreements
    Operating Loss
    Opportunity Zones
    Organize Your Finances
    OSHA
    Outsourced Accounting
    Overtime Exemption
    Padding
    Pandemic Planning
    Papers For Taxes
    Part-time Help Tax Rules
    Passwords
    Payable On Death Accounts
    Paycheck Protection Program
    Payday Changes
    Payday Frequency
    Payroll Cards
    Payroll Scams
    Payroll Taxes
    Pensions
    Personal Finances
    Power Of Attorney
    PPP Loan
    Private Tax Debt Collection
    Profit Sharing
    Property Taxes
    Protecting Wealth
    QSEHRA Benefits
    Quarterly Tax Returns
    R & D Tax Credit
    Real Estate 1031 Exchange
    Real Estate Held In IRA
    Real Estate Investment Trusts
    Reciprocal Agreements
    Records
    Recovery Rebate Credit
    Referral Program
    Rehiring Staff
    Remote Employees
    Reporting
    Reputation
    Retirement
    Revenue Recognition
    Reverse Mortgage
    Sales Tax
    SBA Loans
    Schedule C
    S Corporations
    Self Employment Taxes
    Severance Pay
    Sexual Harassment
    Sharing Economy Tax Implications
    Sick Leave Rules
    Small Business Administration
    Social Media
    Social Security
    Spendthrift Trust
    State And Local Taxes
    Student Loans
    Success
    Succession Plan
    Supplemental Wages
    Supply Chain Risks
    Tariffs
    Tax Brackets
    Tax Breaks
    Tax Changes
    Tax Credits
    Tax Debt Collection
    Tax Deductions
    Tax Forms
    Tax Implications
    Tax-Loss Harvesting
    Taxpayer First Act
    Tax Planning
    Tax Preparation
    Tax Reform
    Tax Refunds
    Tax Scams
    Tax Tips
    Trump's Tax Law
    Unemployment Tax
    W-2 Form
    W-4 Form
    W-4 Requests
    Wage Garnishments
    Wages And Overtime
    Wildfire Solution
    Wills And Trusts
    Withholding
    Work Opportunity Tax Credit
    Year End Tax Considerations

    RSS Feed

Proudly powered by Weebly