Ep. 2: Top FMLA mistakes: "Deeming" when you shouldn't
March 3, 2020
Episode details
In this episode, Ellen McCann explains how employers often incorrectly deem eligibility for the Family Medical Leave Act in two major ways. She offers best practices and advice on what to do if you’re unable to deem employees eligible for FMLA
Top takeaways
- Employers tend to violate this rule in two major ways: 1) Deeming an employee eligible who hasn’t met those strict eligibility requirements, and 2) saying a leave event is FMLA when it isn’t covered [03:34]
- If you wish to be more generous for employee eligibility or types of leave, the solution is to craft a corporate leave policy. [04:25]
- Make sure you’re doing the employee evaluation for all employees applying for FMLA: Resist the temptation to be more generous without doing your homework. Count the hours worked, the number of employees in the office the employee is reporting into. [07:18]
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Featured speaker
Ellen McCann
Assistant Vice President, Leave Solutions — Unum Group
Ellen McCann serves as a leading expert in applying benefits and benefits technology to power modern solutions to more effective employee leave programs, stronger regulatory compliance and enhanced digital HR transformation. In this role, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to help develop and create solutions that enable employers to address the challenges of leave and accommodations. She is an acclaimed national speaker on leave management issues including FMLA and ADA, and is a certified trainer for SHRM and CE credit.
About the host
Clare Morin
Unum Content Marketing Manager
Clare Morin is the Content Marketing Manager at Unum and a journalist who’s spent the last 20 years interviewing hundreds of thought leaders on topics ranging from wellness to culture, finance, human resources and technology. Born in the UK, raised in Hong Kong and based in the U.S. since 2009, she brings a global outlook to the HR Trends studio.
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