FMLA leave time has become a strong area of interest for covered employers, because the Department of Labor has announced their intention to substantially increase their annual number of audits, inquiries, and investigations. Add to that, the fact that individual states are creating legislation at a feverish pace, intended to supplement the benefits and or coverage of federal FMLA. The intersection of these regulations has become a serious source of concern and confusion on the part of covered employers, requiring greater administrative consideration and attention to FMLA leave time.
Administrative efficiencies regarding FMLA leave time have been effected, particularly since the U. S. Supreme Court decided to throw out the marriage definition promoted by the Defense of Marriage Act (DOMA), which stated that marriage was the union of “one man and one woman.” The Court found DOMA’s definition to be unconstitutional. Therefore, individual states are now responsible for providing the definition of marriage, within their own state. There are now thirteen states, that recognize same-sex marriage and those partners must be treated the same as any other married couple when accounting for FMLA leave time.
FMLA leave time does not apply to domestic partnerships, for example, yet there are states with laws that do recognize domestic partnerships, so it’s quite possible for an employee to go out on leave via a state law for say twelve weeks for qualifying care of a domestic partner and then another twelve weeks under FMLA for their own serious health condition. But if the employee went out for their own serious health condition first, the state law leave may decrement concurrently, so if the employee needed time off to care for a domestic partner and the twelve weeks of FMLA leave time had already been used, then it’s possible that no available time remains to care for the spouse. Are you getting all this?
FMLA leave time has become a moving target for many employers. That’s why many have decided to implement LeaveSource™ web-based software. LeaveSource™ provides leave administrators with a daily worklist, over limit alerts, and preparation of all necessary notifications and communications. Proper usage ensures compliance with all state FML, federal FMLA, and even company-generated policies and regulations. “Request A Demo” or select the product tab most conducive to your company; Express, Enterprise, or Entrust, for additional information on how LeaveSource™ can help your company manage FMLA leave time.