Cabinet Makers Association
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums

HR Question of the Month: October 2016

10/18/2016

0 Comments

 

Is voluntary attendance during FMLA allowed?

Question: We have an employee on FMLA who is required to have an updated CPR certification for licensure purposes.   As an employer, we outsource CPR vendors who come into our clinics to recertify employees. This employee is on maternity leave and fully released to return to work with no restrictions, however the employee is on her last weeks of child bonding. The employee wishes to come in to one of our clinics to recertify CPR. Should we allow the employee to take the CPR course even though the employee is on FMLA? Would we be violating the employee rights even though it's the employee who wishes to attend the CPR course?
 
Response: If the employer agrees to it, we are not aware of any law that would prevent the employer from allowing the subject employee to voluntarily return to work for the CPR certification course prior to the conclusion of her Family and Medical Leave Act (FMLA) leave.  It is up to the employer to decide whether to require that she conclude her FMLA leave as of that time or resume the leave when the CPR training ends.
 
Employees who are eligible for FMLA leave and who seek to use it in connection with bonding with a newborn or newly-adopted child or a child placed in foster care can take as much leave, up to 12 weeks, as they so choose (assuming they have not previously utilized any FMLA leave in the same 12-month period).  Leave must be provided continuously when it is taken for this purpose, but employers are not required to provide leave on an intermittent or reduced schedule basis for this reason unless the employer agrees to do so.  Thus, if the subject employee is presently on continuous FMLA leave to bond with a newborn baby and is medically cleared to return to work, then if she would like to return to work to participate in the CPR class, we are not aware of any law prohibiting her from doing so. If she wishes to resume whatever remaining FMLA she may have after the course completes, she can do so only if the employer agrees, because this arguably would be in the nature of intermittent leave under the Act (see page 52 at https://www.dol.gov/whd/fmla/employerguide.pdf ).  If the employer agrees to the arrangement, it should be cognizant of the precedent it is setting, as others may want – and expect – a similar accommodation in the future.  (We assume from the inquiry this is the first situation of its kind.  If it is not, the employer should follow its past practices to avoid discrimination and retaliation concerns here.)
 
As a best practice the employer should secure documentation from the employee indicating that it was her choice to return to work for the CPR class and that this is not something the employer forced or required her to do while she was otherwise on FMLA leave.
 
 © 2014 Advisors Law Group, All Rights Reserved
To learn more about the Federated Employment Practices Network®, contact your local Federated Marketing Representative, or visit www.federatedinsurance.com.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    News

    This section of our site contains industry news relevant to CMA members. 

    For consideration, you can submit a  press release to: 
    ​
    marketing@cabinetmakers.org

    Subscribe to our mailing list

    * indicates required

    Archives

    December 2020
    November 2020
    August 2020
    June 2020
    May 2020
    March 2020
    December 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016

    Categories

    All
    Education
    Events
    Newsletter
    PROfiles
    Webinars
    YouTube

    RSS Feed


Cabinet Makers Association
PO Box 888678
​Grand Rapids, MI 49588-8678
(616) 930-4610
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums