Review FMLA leave policies and practices
The U.S. Department of Labor’s Wage and Hour Division issued an opinion letter clarifying there are no exceptions for the designation of FMLA leave in the case of Collective Bargaining Agreements.
The bottom line, employers should provide notice of FMLA designation within five days. This applies to all employees, even in the case of collective bargaining agreements or an employee that requests leave to be treated as non-FMLA leave.
Employers should keep a record of any information used to determine the FMLA qualification and review policies and practices related to FMLA and employer-provided leave programs to ensure they comply with the prohibitions of the original ruling and the recent DOL Opinion Letter.
The article below gives an overview of the letter and what it means for employers.