2024 DMEC FMLA/ADA Employer Compliance Conference: Navigating the Bermuda Triangle of FMLA Eligibility

More than 30 years following the passage of the Family and Medical Leave Act (FMLA), employers continue to struggle with the three basic tenants of FMLA eligibility, in part due to the modernization of the workforce. The rise of remote work and temporary workers has only made determining FMLA eligibility harder. Keeping track of hours worked and 12-month eligibility periods are time-consuming and complicated. With all the demands leave professionals face, many choose to "waive" some eligibility requirements and just grant leave, but that's not always the path to smooth sailing. Hidden perils await employers that don't steer a straight course through the eligibility decision. In this session, we will dive beneath the surface of FMLA eligibility requirements and equip employers with the knowledge and tools needed to navigate the perilous Bermuda Triangle of FMLA eligibility.

• Understand what hours count toward the 1250 hours requirement and what to do when records are unreliable or non-existent
• Understand how to determine FMLA eligibility for remote workers and how the employee's FMLA worksite differs from the employee work state
• Learn about an employer's FMLA responsibilities for temporary workers - both before and after they become employees
• Understand the risks associated with deeming employees eligible
• Know when an employer can, and cannot, evaluate an employee's eligibility