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FMLA - Current Issues

Certification

Employee must provide evidence that leave is necessary.
Medical Privacy is an obvious issue.
Doe vs. Postal Service is an example of a successful suit against an employer regarding medical information leakage.

 

Administration & Tracking

Whatever 12-Month Period is used must be communicated to employees.
Many of the Court Cases regarding communication of FMLA have been decided in favor of the employee.
Exception: Ragsdale vs. Wolverine Worldwide, U.S. Supreme Court
The decision was that an employer should not be punished for not notifying employee that leave qualifies as FMLA leave.

 

FMLA - Outsourcing

Reasons for Outsourcing

  1. to avoid potential lawsuits and punitive costs;
  2. to insulate private personal medical information
  3. to diminish the administrative encumbrance and eliminate need for additional training
  4. to supply tracking to assure consistency, integration with other lost-time benefits, and to reduce lost productivity due to over-certification
  5. to provide a process for compliance, including proper documentation and requirements for state-leave.
Indemnification is wise because employer is liable for vendor negligence

 

Copyright 2004.
For problems or questions regarding this web contact [sac50149@csus.edu].
Last updated: May 02, 2004.