FMLA essentials

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It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this title. —It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title.

Also, if RT3 met the 50 employees/20 workweeks threshold in the previous calendar year, but had since dropped below this threshold, RT3 remained covered until it reached a future point where it no longer had employed 50 employees for 20 workweeks in the current and preceding calendar year. In other words, Amiee needs to wait until a complete calendar year of 4 11/14 Original content is the copyrighted property of J. J. Keller & Associates, Inc. ” In defining the size of your workforce for leave purposes, the FMLA regulations use a “continuing employment relationship” principle.

It may help to be aware that a primary employer is responsible for satisfying the basic FMLA responsibilities to an employee taking FMLA leave, while the secondary employer is prohibited from discriminating or retaliating against that employee. With respect to its regular workforce, on the other hand, a covered secondary employer has to comply with all of its responsibilities under the FMLA toward its own employees. We’ll discuss this in further detail next. Temporary help Joint employment relationships present special compliance concerns for temporary help and leasing agencies in that the ease with which the agencies are able to meet their statutory FMLA obligations will depend largely on the nature of the relationship they have established with their client-employers.

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