FMLA Extension: When 12 Weeks Is Not Enough! Paid Leave Updates for 2025! |
It is important, if not critical, for Employers to have an in-depth understanding of the Family Medical Leave Act (FMLA) impacts their company. The ability to manage the idiosyncrasies of the processing of FMLA and how one processing failure can result in thousands of dollars in fines & penalties, auditing by the Department of Labor (DOL), cost of investigations, loss of productivity, and the cost of misuse by employees. In addition, statistics show that over 61% of Employers have difficulty managing FMLA leave and intermittent leave.
When you add the complexities of other new mandatory regulations like leave regulations, reasonable accommodation and currently or soon to be legally effective, the possibility of FMLA overlapping with the American with Disabilities Act (ADA), the increase of discrimination claims and wrongful termination allegations by employees, it is no wonder that this long time leave process is an administrative nightmare for Employers.
Many Employers are confused about what to do if an employee requests additional leave to manage their illness or their family member’s illnesses. Should Employers extend the unpaid leave on a case-by-case basis or should they limit those decisions across the board? Additionally, when does the ADA supersede FMLA? Are there reasonable accommodations that can be offered? Does the Employer risk violations when making these decisions?
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