Expanded FMLA Question
A question that on one hand seems obvious but upon further thought and discussion creates ambiguity/doubt.
We are under a State stay-at-home order that our County has followed and designated essential and non-essential workers during this time. Our administration graciously decided to keep all employees whole and keep paying them 100% of wages regardless if they are working or not (essential or non-essential) until the stay-at-home order is lifted or different direction is given.
A question has come up for a non-essential employee that is unable to telework. The employee now wants to request leave under the Expanded FMLA to take care of the employee's children for 12 weeks of leave after May 18th. Aside from the fact that schools were previously scheduled to release at the end of May, can we count the non-essential time and leave the employee has been paid toward the Expanded Family Medical Leave, considering the employee has been home, not working, and taking care of the employee's children, and getting paid 100%? In short, can we force/require that time, since April 1, to be considered leave under the expansion of FMLA without a request to do so? Or this is a case of "no good deed goes unpunished" and employees will still be eligible (if the circumstances qualify) to receive up to 12 weeks, 10 of it paid at 2/3 pay?
It would be helpful to hear other perspectives.
Thank you in advance for your time and thoughts.
Katie S. Thwaits
Deputy County Attorney
Incorporated County of Los Alamos
1000 Central Ave., Ste. 340
Los Alamos, New Mexico 87544
Phone (505) 662-8020
Fax (505) 662-8019
I failed to add that all guidance on the DOL FAQ's talks about the "employee's request" for such leave and their ability to "elect" to take the leave.
Katie S. Thwaits
Deputy County Attorney
Incorporated County of Los Alamos
1000 Central Ave., Ste. 340
Los Alamos, New Mexico 87544
Phone (505) 662-8020
Fax (505) 662-8019
From: Thwaits, Katie katie.thwaits@lacnm.us
Sent: Wednesday, May 6, 2020 4:49 PM
To: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: Expanded FMLA Question
A question that on one hand seems obvious but upon further thought and discussion creates ambiguity/doubt.
We are under a State stay-at-home order that our County has followed and designated essential and non-essential workers during this time. Our administration graciously decided to keep all employees whole and keep paying them 100% of wages regardless if they are working or not (essential or non-essential) until the stay-at-home order is lifted or different direction is given.
A question has come up for a non-essential employee that is unable to telework. The employee now wants to request leave under the Expanded FMLA to take care of the employee's children for 12 weeks of leave after May 18th. Aside from the fact that schools were previously scheduled to release at the end of May, can we count the non-essential time and leave the employee has been paid toward the Expanded Family Medical Leave, considering the employee has been home, not working, and taking care of the employee's children, and getting paid 100%? In short, can we force/require that time, since April 1, to be considered leave under the expansion of FMLA without a request to do so? Or this is a case of "no good deed goes unpunished" and employees will still be eligible (if the circumstances qualify) to receive up to 12 weeks, 10 of it paid at 2/3 pay?
It would be helpful to hear other perspectives.
Thank you in advance for your time and thoughts.
Katie S. Thwaits
Deputy County Attorney
Incorporated County of Los Alamos
1000 Central Ave., Ste. 340
Los Alamos, New Mexico 87544
Phone (505) 662-8020
Fax (505) 662-8019