Comments on: Make sure attendance policies don’t violate FMLA http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Lyn http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5167 Lyn Thu, 19 Feb 2009 17:27:48 +0000 http://www.hrlegalnews.com/?p=867#comment-5167 Our written policy states that you do not accrue vacation or sick while on any type of leave of absence (paid or unpaid). You run into dangerous legal territory, even with a written policy, if you don't follow it....you make concessions for some employees and not others. Our written policy states that you do not accrue vacation or sick while on any type of leave of absence (paid or unpaid). You run into dangerous legal territory, even with a written policy, if you don’t follow it….you make concessions for some employees and not others.

]]> By: John http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5103 John Wed, 18 Feb 2009 21:04:28 +0000 http://www.hrlegalnews.com/?p=867#comment-5103 Employees who are using paid leave while on FML are entitledto accrue the same benefits including seniority and vacation as other employees on paid leave. It is only during a period of unpaid leave that benefits do not accrue. 29 cfr 825 Anyway here is what we do. While on FML (paid or unpaid) the employee will continue to recieve credit for service for the purposes of leave accrual. FML is "continued service" for purposes of vesting and eligibility to participate in retirment and insurance programs. In all cases where the EE is using some form of approved paid leave the EE will continue to accrue leave benefits. If at some point paid leave is exhausted and unpaid leave is taken benefits other than health, dental and life insurance are discontinued for the duration of the unpaid status. Annual, sick, personal, or holiday leave is not accrued for the duration of the unoaid status Employees who are using paid leave while on FML are entitledto accrue the same benefits including seniority and vacation as other employees on paid leave. It is only during a period of unpaid leave that benefits do not accrue. 29 cfr 825

Anyway here is what we do. While on FML (paid or unpaid) the employee will continue to recieve credit for service for the purposes of leave accrual. FML is “continued service” for purposes of vesting and eligibility to participate in retirment and insurance programs.

In all cases where the EE is using some form of approved paid leave the EE will continue to accrue leave benefits. If at some point paid leave is exhausted and unpaid leave is taken benefits other than health, dental and life insurance are discontinued for the duration of the unpaid status. Annual, sick, personal, or holiday leave is not accrued for the duration of the unoaid status

]]> By: Joanne http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5101 Joanne Wed, 18 Feb 2009 20:34:14 +0000 http://www.hrlegalnews.com/?p=867#comment-5101 I too have that same clause in my policy manual. Although I'm not sure if its the right way to handle it, I take into account any time someone uses their vacation time in connection with their FMLA leave. They do not lose any accrued vacation time if they are out on vacation, so if vacation time is used during an FMLA absence, I only count the FMLA days that are NOT covered by vacation time. I too have that same clause in my policy manual. Although I’m not sure if its the right way to handle it, I take into account any time someone uses their vacation time in connection with their FMLA leave. They do not lose any accrued vacation time if they are out on vacation, so if vacation time is used during an FMLA absence, I only count the FMLA days that are NOT covered by vacation time.

]]> By: Jen http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5100 Jen Wed, 18 Feb 2009 20:33:36 +0000 http://www.hrlegalnews.com/?p=867#comment-5100 I believe if your policy states that you do not earn/accrue vacation while out on leave (any type) then you are fine following your policy. The problem arises when you don't have a written policy clearly stating how and when vacation/sick/pto is accrued. I believe if your policy states that you do not earn/accrue vacation while out on leave (any type) then you are fine following your policy. The problem arises when you don’t have a written policy clearly stating how and when vacation/sick/pto is accrued.

]]> By: Angela http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5094 Angela Wed, 18 Feb 2009 19:58:14 +0000 http://www.hrlegalnews.com/?p=867#comment-5094 I have the same issue with the others we offer a quarterly time bank and paid time off, but if an employee is out more than half the month they do not receive their paid time off accrual, even if out on FMLA I have the same issue with the others we offer a quarterly time bank and paid time off, but if an employee is out more than half the month they do not receive their paid time off accrual, even if out on FMLA

]]> By: Lidia http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5070 Lidia Wed, 18 Feb 2009 18:36:58 +0000 http://www.hrlegalnews.com/?p=867#comment-5070 Our policy states that as well...you do not accrue vacation while on leave. Our policy states that as well…you do not accrue vacation while on leave.

]]> By: Lili http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5069 Lili Wed, 18 Feb 2009 18:28:36 +0000 http://www.hrlegalnews.com/?p=867#comment-5069 I am also interested in knowing the answer to Patrick's question. I am also interested in knowing the answer to Patrick’s question.

]]> By: Patrick http://www.hrlegalnews.com/make-sure-attendance-policies-dont-violate-fmla/comment-page-1/#comment-5060 Patrick Wed, 18 Feb 2009 16:46:29 +0000 http://www.hrlegalnews.com/?p=867#comment-5060 Our vacation policy says vacation is earned by time worked. If an employee is out on FMLA then they do not earn vacation time during that period since they are not working. I have heard "you can and you can't" do this from different sources. Does anyone have an answer to this one? Our vacation policy says vacation is earned by time worked. If an employee is out on FMLA then they do not earn vacation time during that period since they are not working. I have heard “you can and you can’t” do this from different sources. Does anyone have an answer to this one?

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