DOL Updates FMLA Forms

On July 16th, the Department of Labor (DOL) updated Family and Medical Leave Act (FMLA) forms which employers may use to administer FMLA leaves within their organizations. The FMLA does not require the use of any specific form or format but using the forms can simplify leave administration and facilitate compliance for employers.

In the press release, the DOL announced that the forms collect the same information but are “simpler and easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave.” Among the changes announced are boxes that can be checked instead of requiring written responses and electronic signature features. As the DOL stated, “[t]he changes reduce the amount of time it takes a healthcare provider to provide information, and help leave administrators review and communicate information to employees more directly and with greater clarity, reducing the likelihood of violations.”

The DOL also updated its guidance related to FMLA leave related to COVID-19. The two updates are:

  • Telemedicine visits are considered in-person visits for purposes of establishing a serious health condition (Guidance, Question #12)
  • Employers may require an employee returning from FMLA to get a COVID-19 test as long as all employees returning to the office are also required to get a test (Guidance, Question #13)

Note: The FMLA covers employers with 50 or more employees for at least the past 20 weeks. It also applies to public agencies, regardless of the number of employees, and to elementary and secondary schools, both public and private. The federal FMLA only applies to employees who have worked for a covered employer for a minimum of 12 months, although these 12 months do not need to be consecutive. Additionally, the employee must have worked at least 1,250 hours for the employer during the previous 12 months at a site where the employer has 50 or more employees within a 75-mile radius. See the differences between federal and WI FMLA here. If you are unsure if you are an FMLA covered employer, please contact us as noted below.

Lake Effect is here to answer your FMLA questions and/or help administer this process within your organization. Contact us at info@le-hrlaw.com or 1-844-333-5253.

The Complex Web of Paid Family and Medical Leave Laws

Several states have now enacted laws mandating that employers provide paid family and medical leave (FML). These laws generally apply to employers in or out-of-state with 1 or more employees working in that state. It is important for Wisconsin employers to carefully manage their leave policies when they have employees in other states.

States that have adopted mandatory paid family and medical leave laws are: Massachusetts, Washington D.C., California, Washington, New Jersey, New York, Connecticut, and Rhode Island. The leave benefits available under these laws vary from state to state, so employers need to do their research – or rely on experienced employment law advisors.

For example, in Massachusetts, employers must pay into an FML fund with a .75% tax on the wages of any employee working in Massachusetts. Some employers, depending on the number of workers they employ, may deduct a portion or all of this amount from the employee’s wages. Starting in 2021, employees will be entitled to up to a total 26 weeks of paid family and medical leave per year for life events such as the birth or adoption of a child (12 weeks), a serious medical condition (20 weeks), a family member’s serious medical condition (12 weeks), or to care for a family member injured while in military service (26 weeks). While the employer must allow the employee to take the leave, the financial benefits are administered by the state’s Department of Family and Medical Leave. Employees apply for a claim and, if approved, receive their weekly benefit from the state. The maximum benefit an employee can receive is $850/week.

In Washington D.C., employers must pay a .62% payroll tax into the state’s FML fund, and employees apply for and receive their benefits from DC’s Department of Employment Services. Starting July 1, 2020, DC employees will be entitled to up to 8 weeks of parental leave, 6 weeks leave to care for a sick family member, and 2 weeks leave for personal medical leave. The maximum benefit is $1000/week.

In addition to paid FML laws, over 20 states, cities, and counties have enacted paid sick leave laws. These laws also vary as to how much leave must be given to employees, how that leave must be tracked and carried over, and how the paid sick leave intersects with other leaves, like FML.

Wisconsin employers who employ workers in other states must take these various leave laws into account. It is a complex task. Carefully crafted policies and procedures can help you navigate these unchartered waters without creating an administrative nightmare for your HR team.

The attorneys and HR professionals at Lake Effect HR & Law are ready to assist and advise if you have questions related to family and medical leave matters in Wisconsin or other states. Contact us at info@LE-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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