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Writing for Westlaw Journal Employment, David C. Henderson Outlines Six Important Points About The Family and Medical Leave Act for Employers

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David C. Henderson, a partner in Nutter’s Labor, Employment and Benefits practice group, authored an article in Westlaw Journal Employment’s “Expert Analysis” section entitled, “6 Things Employers Must Know About The Family and Medical Leave Act.” In the article, David outlines six points FMLA-covered employers may benefit from remembering, including:

  • Many, if not most, employees of covered employers are eligible for the FMLA’s unpaid leave, benefit continuation, and job restoration entitlements.
  • The employee’s FMLA benefits and entitlements can last up to 26 weeks.
  • Employers must provide four kinds of FMLA notice.
  • The FMLA provides employers a check against employee fraud: The employer can require that the employee’s purported need for FMLA leave be certified.
  • The FMLA imposes stringent record-keeping obligations on employers.
  • Employers must not neglect their FMLA obligations even though overlapping obligations also apply.

According to David, the comprehensive federal statute—which imposes significant notice, unpaid-leave, benefit continuation and job restoration obligations on covered employers—is still a source of confusion.

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