New Guides Issued about FMLA and Employee Rights

As part of the continued effort to keep employers and employees informed on rights afforded by the Family Medical Leave Act (FMLA), the U.S. Department of Labor and Department of Justice have released two new guides, one regarding employee rights under FMLA and the other addressing the application of the Americans with Disabilities Acts provisions to employees with HIV/AIDS.

The 16-page DOL FMLA guide, entitled Need Time? The Employees Guide to the Family Medical Leave Act goes some way to informing employees of their obligation to cooperate with their employer when requiring FMLA leave time, but it also leaves unanswered the issues that regularly frustrate those administering FMLA. Other information for employees regarding the administration of FMLA includes:

• Informing employees that they must cooperate with their company when scheduling medical treatments and appoints so that they do not disrupt normal operations

• That it is the worker’s responsibility to pay for the obtainment of medical certification from a healthcare provider

• That personnel must maintain regular contact with their employer while on FMLA leave

• The definition of a “serious health condition” is included so that employees can better understand qualifying reasons for taking FMLA

The DOJ’s contribution comes in the form of a question and answer document addressing employees protected by the ADA due to having HIV/AIDS. The guide shares information about covered employment practices, protections, and accommodations employees can expect under the Act and their rights to privacy, among other issues.