Learn more about best practices in recruiting veteran and military job seekers by joining a Talent Circles sponsored webinar on 2/13/14 at 9:00 PM PST. Click here to register & learn more.
Since 1993 the Family and Medical Leave Act was established
to help provide employees job-protected and unpaid leave for qualified medical
and family reasons. It’s went through a
series of changes, updates and growing pains over the years. FMLA also entitles
eligible employees who work for a covered employer (50 employees or more) to leave
and care for a family member who is a covered veteran with a “serious injury or
illness”. FMLA leave for this purpose is called “military caregiver leave.” You
can read more about the FMLA from our friends at the DOL by clicking here.
Knowing the Rules
Behind the FMLA and Military Caregiver Leave
As an employer it’s important to understand all the rules
regarding FMLA to prevent company-damaging lawsuits and frankly bad PR.
According to the U.S. Department of Labor military caregiver leave allows an
eligible employee who is the spouse, son, daughter, parent, or next of kin of a
covered veteran with serious injury or illness to take up to a total of 26
workweeks of unpaid leave during a single 12-month period to provide care for
the veteran.
While payroll tracking and resources exist to help you track
the number of FMLA used hours for compliance purposes, I remember the days
where I used nothing more than an excel spreadsheet. I used a series of formulas and leave type
codes to account for the 12 month rolling periods and hours tracking when it
came to FMLA tracking.
Determining Serious
Injury or Illness
A serious injury or illness means an injury or illness that
was incurred by the covered veteran in the line of duty on active duty in the
Armed Forces or that existed before the veteran’s active duty and was
aggravated by service in the line of duty on active duty, and that is either:
1. Continuation
of a serious injury or illness that was incurred or aggravated when the veteran
was a member of the Armed Forces and rendered the service member unable to
perform the duties of the services member’s office, grade, rank, or rating; or
2. Physical or mental condition for which
the veteran has received a U.S. Department of Veterans Affairs Service-Related
Disability Rating (VASRD) of 50 percent or greater, and the need for military
caregiver leave is related to that condition; or
3. Physical or
mental condition that substantially impairs the veteran’s ability to work
because of a disability or disabilities related to military service, or would
do so absent treatment; or
4. Injury that is
the basis for the veteran’s enrollment in the Department of Veterans Affairs
Program of Comprehensive Assistance for Family Caregivers.
Any of these definitions meets the FMLA’s definition of a
serious injury or illness for a covered veteran regardless of whether the
injury or illness manifested before or after the individual became a veteran.
As an employer it’s important to not only learn the benefits
the federal government gives to veterans, but everything that’s covered under
different U.S. regulations. FMLA is one of the biggest in the U.S. Department
of Labor and understanding that you just can’t fire someone based on a medical
emergency.
Visit the U.S.
Department of Labor website to
learn the rules and regulations that all employers must adhere to in order to
prevent federal action. This information and more can be found using the Fact
Sheet #28M(b) of the U.S. Wage and Hour Division.
Jessica Miller-Merrell, SPHR is a leading voice in HR and workplace technology. She’s an author and founder of Blogging4Jobs. You can follow her on Twitter @jmillermerrell.
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