To protect your dealership, you need to make sure proper procedures are being followed. • When an employee requests FMLA leave or the employer acquires knowledge that the leave may be for an FMLA-qualifying reason, they must provide the employee with notice of his or her rights and responsibilities under FMLA. • Notify employees whether the leave is designated as FMLA leave. CERTIFICATION When an employee requests FMLA leave, the employer may require certification in support of the leave from a healthcare provider. JOB RESTORATION AND HEALTH BENEFITS Upon return from FMLA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Employers are required to continue group health benefits for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. ENFORCEMENT It is unlawful for any employer to interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to FMLA. COMMON MISTAKES Common mistakes made in administering FMLA are not recognizing FMLA, direct manager involvement, certification assumptions, terminations without consideration and failure to track FMLA leave time properly. OUTSOURCING FMLA Approximately 34% of employers use a third party for leave administration. By outsourcing FMLA, you will have consistency and reduce your risk of a DOL audit. FMLA RESOURCES Scan the QR codes for more information and resources. FMLA Information FMLA Forms https://www.dol.gov/agencies/whd/fmla/forms FMLA E-Tools https://www.dol.gov/agencies/whd/fmla/tools For additional information, please contact Shawn Presnell, Managing Director of Insurance. Office: 770-432-1658 #240 Cell: 678-428-9247 shawnp@gada.com 21 THE GENERATOR
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