New FMLA Regulations
LindaS
1,510 Posts
I am going through the new FMLA regulations and have a question I'm hoping someone can assist with, or on which they can provide their opinon...
This has to do with the allowance that FMLA absences can be counted against Perfect Attendance Awards. The way I read the regulations is that FMLA CAN be counted against Perfect Attendance awards as long as other forms of non-FMLA leave are also counted against. It goes on to state that you cannot count FMLA absences against a Perfect Attendance award IF the employee uses paid leave in conjunction with their FMLA leave if you do not do the same for employees taking non-FMLA leave. For example, if an employer does not count an employee's taking paid vacation leave against them for a Perfect Attendance award, employees taking FMLA leave and substituting their paid vacation for unpaid leave cannot have those absences counted against them either.
My question is what about STD leave? What happens if an employee is off on FMLA leave and are receiving STD payments through an employer sponsered plan? Technically those days off are not completely unpaid so can/should they be counted against them for Perfect Attendance?
In another part of the regulations it states that employees cannot be forced to use vacation or other forms of paid leave if they are receiving disability payments since TECHNICALLY they are not on unpaid leave so would this same thought process apply?
We provide Perfect Attendance awards so this does have a significant impact on us and any thoughts on this subject would be greatly apprectiated.
This has to do with the allowance that FMLA absences can be counted against Perfect Attendance Awards. The way I read the regulations is that FMLA CAN be counted against Perfect Attendance awards as long as other forms of non-FMLA leave are also counted against. It goes on to state that you cannot count FMLA absences against a Perfect Attendance award IF the employee uses paid leave in conjunction with their FMLA leave if you do not do the same for employees taking non-FMLA leave. For example, if an employer does not count an employee's taking paid vacation leave against them for a Perfect Attendance award, employees taking FMLA leave and substituting their paid vacation for unpaid leave cannot have those absences counted against them either.
My question is what about STD leave? What happens if an employee is off on FMLA leave and are receiving STD payments through an employer sponsered plan? Technically those days off are not completely unpaid so can/should they be counted against them for Perfect Attendance?
In another part of the regulations it states that employees cannot be forced to use vacation or other forms of paid leave if they are receiving disability payments since TECHNICALLY they are not on unpaid leave so would this same thought process apply?
We provide Perfect Attendance awards so this does have a significant impact on us and any thoughts on this subject would be greatly apprectiated.
Comments
How do you handle employees off on workers comp? Are those days counted against perfect attendance bonus?
We currently count non fmla wc comp absences against our perfect attendance bonus. I would think STD would be handled the same way. I am interpreting unpaid to mean unpaid by the company; so until I find out differently, unless I'm paying the ee directly, any absence will count against the perfect attendance bonus.
Our attendance policy states that employees must schedule time off in advance and if they don't then they get attendance points and would not be eligible for our perfect attendance award--whether they used PTO or not. So even if an employee does use a vacation day for FMLA I would count that against the employee if they did not pre-arrange the day.
I hope my understanding is correct.