Pay Me Now or Pay Me Later

May 29, 2012

Employers must inform their employees in writing of which method they will use to calculate the Family and Medical Leave Act (“FMLA”) leave year in which the employees’ entitlement to 12 weeks of leave occurs. A recent Sixth Circuit Case held an employer’s failure to notify employees of its policy for calculating FMLA leave on any rolling-method basis entitled the employee to rely on the return-to-work date the employee provides in writing when the employee’s FMLA leave began. In that particular case the employer violated the employee’s FMLA rights by terminating him for unexcused absences prior to the expiration of the 12 weeks of leave to which employees are entitled under the calendar month method. Confused yet?

This is simply one example of making sure your employment practices are up to speed. A periodic review of employment practice is important to save money. As the old saying goes, “Pay me now or pay me later.”