Policy Considerations

There are a number of concerns that employers will need to address when drafting policies and forms to comply with the FMLA.

Compliance with State and Local Law

At present, a number of states have family leave laws that use different formulas for determining entitlement to leave and/or define family members or illness somewhat differently. Employers operating in those states must comply with both state and federal law. This may mean that the employer must determine each employee's leave entitlement under two sets of rules, granting leave if it is required under either rule.

Integrating Voluntarily Provided Benefits with Mandated Benefits

Employers that provide paid sick leave have to determine how to integrate this with FMLA medical leave, which need not be paid.

Granting Leave to "Key" Employees

Employers should determine whether they prefer to preserve their right under the law to assess the impact on the business before granting leave to higher-paid employees, or to keep their policies simpler to administer by granting equal FMLA rights to all employees....