THE FAMILY AND MEDICAL LEAVE ACT (FMLA) Are You Staying in Compliance? INSURANCE INSIGHTS SHAWN PRESNELL MANAGING DIRECTOR OF INSURANCE SERVICES FMLA entitles eligible employees of covered employers to take unpaid, job‑protected leave for specified family and medical reasons. Many employers are not properly complying with the law. To protect your dealership, you need to make sure proper procedures are being followed. COVERED EMPLOYERS The FMLA only applies to employers in the private sector with 50 or more employees in 20 or more workweeks in the current or preceding calendar year. ELIGIBLE EMPLOYEES Employees who have worked for a covered employer for at least 12 months and have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave are eligible. The 12 months of employment do not have to be consecutive. LEAVE ENTITLEMENT Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons: • Birth of child, adoption or foster care • To care for a spouse, child or parent who has a serious health condition • A serious health condition that makes an employee unable to perform the essential functions of his or her job • Any qualifying exigency arising out of the fact that a spouse, child or parent is a military member on a covered active duty or call to a covered active-duty status NOTICE Employees must comply with their employer’s requirements for requesting leave and provide enough information for their employer to determine whether the FMLA may apply. • Covered employers must post a notice explaining rights and responsibilities under FMLA. • Include information about the FMLA in their employee handbooks or provide it to new employees upon hire. THE GENERATOR 20
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