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01/21/09 - Taking the Revised FMLA One More Step to Smaller Employers
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Organizations with fewer than 50 employees were able to breathe a sigh of relief when the new Family and Medical Leave Act (FMLA) regulations were issued by the Department of Labor (DOL), effective January 16, 2009. Unfortunately, that breath may be short for Oregon employers with fewer than 50, but more than 25 employees. The Oregon Bureau of Labor and Industries (BOLI) has announced that the agency will begin seeking public input on the inconsistencies between FMLA and Oregon’s family leave law. This announcement signals likely changes to the Oregon requirements in several areas identified by BOLI. These areas include definitions, notification requirements, the leave process, and required documentation. So, what should be done by Oregon employers who are covered by OFLA, but not FMLA? At this point, consider reviewing the FMLA changes so that there is at least some understanding of the potential workplace impact if BOLI modifies the Oregon regulations for OFLA. Then consider providing input to BOLI when the information gathering meetings are announced. Even if no input is given, employers with fewer than 50 employees will benefit from becoming aware of those areas where their leave policies are likely to be impacted. One such area is in the coordination of various paid time off policies. Based on the federal regulation’s changes to FMLA and from a general operational benefit perspective, we recommend all employers consider combining their various time off policies into a single Paid Time Off (PTO) policy. Taking this step can provide cost savings, as well as improving the efficiency and ease the process of administering and managing time off for employees. As you consider taking this step, give us a call for assistance.
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