FMLA Counting Method

[Guest triebsch]

Current medical leave policy includes FMLA language but there is no mention of the "counting method" to be used. The policy is undergoing revision and will include a counting method, the rolling 12-month period (measured backward). Since we are going from no method to a method, must we provide the 60-day notice to employees?

[Guest jreddi]

Change the "must" in your question to "should" and you have your answer. (But I still feel that you "must".)

Our employees love and hate a lot of communication. If we don't communicate to them, they say we are being distant; if we tell them everything that is going on, they feel innundated with emails and other communications.

We have a benefits website that allows us to post announcements. These sort of "plan clarification" announcements are posted there. We try to remind employees every so often to check the website for updated communications.

Our employees generally check the website frequently for answers to their questions before calling the benefit or HR people, so they have access to the updated communications. We also post the more important announcements to our company intranet, as well.

John

[mal]

We have successfully challenged terminations

before arbitrators due to a lack of notice

from the company. My recollection is that

the regulations require you to notify the

employees of the method that will be used.

If not, the employee is entitled to use the

method most favorable to him or her.

Also, be aware (if there are any union employees)

that there are decisions from arbitrators reinstating

employees who were terminated based on

the application of 2 methods used by their

employer. In other words, they began under

a calendar year method, the employer shifted

to a rolling 12 month calculation, and the

employee would not have been terminated

under the old policy. Many employers will

wipe the slate clean when they make a

conversion.