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Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
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The Family Medical Leave Act (FMLA) regulations, §825.200, define the four methods that an employer may use to establish the amount of FMLA leave an employee has used within a 12-month period under the act. One option is the 12-month period measured forward from the date an employee’s first FMLA period begins, discussed in detail below.
Step 1: Determine FMLA Time Needed
The first step is to review the employee’s request for leave and to determine the duration of the leave.
Step 2: Determine FMLA Time Previously Taken
Next the employer should review the employee’s attendance record to determine if FMLA leave has been previously used or if this is the first FMLA leave request. If FMLA leave has been taken previously, the date the first FMLA period began should be noted.
Step 3: Determine the Employee’s 12-Month Period
The employee’s 12-month FMLA period will be the date the employee’s first FMLA leave absence began in each 12-month period. If this is the first FMLA leave request, the 12-month period will begin on the first date of this FMLA leave. If the employee’s request for leave is more than 12 months after a previous FMLA leave, the first date of the current FMLA leave will be the beginning of the new 12-month period.
Step 4: Determine Total FMLA Time Available for This Request
If the employee has not taken any FMLA leave previously, he or she has the full 12 weeks available to use (see Example 1).
If FMLA has been taken previously, the employer should look back to the date the employee’s 12-month period began or was renewed to determine if any FMLA leave has been used in this period.
In all scenarios below, the employee normally works eight hours per day, Monday-Friday.
Jane has worked full time for ABC Company for three years. Jane is pregnant and wishes to take 12 weeks of FMLA leave beginning on June 1.
Jane’s FMLA 12-month period will begin on June 1.
The HR department has been notified that Bob was in a car accident on Sept. 1. HR has been in contact with Bob’s wife and discovers that Bob was seriously injured and will require surgery with three weeks of recovery time.
Mary’s son has leukemia. Mary has notified the HR department that she will need to take two days off per week to take her son to chemotherapy beginning on Feb. 12. The chemotherapy is expected to last a total of five weeks, for a total of 10 days (or two weeks) of FMLA time.
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All of the content on this page, including content associated with Express Requests, is for informational purposes only and not for the purpose of providing legal advice. You should always contact your attorney to determine if this information, and your interpretation of it, is appropriate to your particular situation.
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