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NEW and Improved FML Question! Michigan

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  • NEW and Improved FML Question! Michigan

    Perfect Attendance Awards are specifically mentioned in the new version ..."allow employers to deny a perfect attendance award to an employee who does not have perfect attendance because of taking FMLA leave as long as it treats employees taking non-FMLA leave in an identical way".

    Do we intrepret this to mean that, if I allow Bereavement and and Jury duty leave, or, say, administrative leave, that I have to nix the perfect atttendance award when an associate uses these leaves as well?

    Confused.

  • #2
    The general rule of thumb with FMLA leave is that people on this type of leave must be treated in exactly the same manner as people on other types of leaves. Your company is not required to offer Perfect Attendance Awards at all, but if it chooses to do so, then you are required in the context of this benefit to treat people on FMLA leave in exactly the same way as people on any other type of leave, say vacation. If being on FMLA leave disqualifies people from this benefit then being on vacation should also disqualify people from this benefit.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I would interpret it that way, yes. Or, alternately, give the perfect attendance bonus to those who took FMLA leave.

      Even before the new regs went into effect, the information officers at the DOL were pretty specific, at least the times I called them, that you couldn't be denied a benefit for being on FMLA leave that employees on other leaves got, but that at the same time being on FMLA didn't entitle you to a benefit that employees on other leaves didn't get.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks!

        CBG:

        For future reference, can you provide me with a contact number for Fed DOL for more questions of this nature which I anticipate?

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        • #5
          Not off the top of my head, though I may still have the # at home. Otherwise, you can find it in the blue pages of your phone book and quite possibly on their website. I'll look at home though and if I still have the number I will post it.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Thanks again.

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            • #7
              This is a pointer I saved for FMLA on the federal DOL website. If you look around the website (not just this page), you can probably find whatever you need.

              http://www.dol.gov/elaws/esa/fmla/faq.asp
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Great! Much appreciated.

                Comment

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