FMLA Definition of employer

maverick

I am an EEO/AA Director at a public agency and I am having a serious discussion over who is the "employer" in our organization. My opinion is that the employee's director who directs the activities of an employee is the "employer" under FMLA. The HR Director contents that his Benefits Coordinator is the "employer" because the Coordinator processes FMLA leave requests. The issue came up as a result of the employee's director wanting to request a recertification of an employee who is currently on Intermittent Leave. The employee's director has information that leads him to question the validity of the Intermittent Leave. More than 30 days has elapsed since the Intermittent Leave was authorized by the Benefits Coordinator. The Coordinator and HR Director insist that the dedision to request recertification is a decision for the Coordinator, not the employee's director. The Coordinator has never shared any of the intermitten leave certification with the employee's director. Any comments, opinions, and views would be appreciated.

Gillian3

I think that the employer is neither, or both, depending on your point of view. The employer is the agency and anyone who acts as an agent of the employer. You have a procedural issue - who is the responsible person to initiate a transaction? The HR Director and the Department Head need to get together and decide whether or not to ask for a recertification. People appear to be getting tied up in turf issues when it isn't necessary.

System

I tend to agree with Gillian3. The employer is certainly the government agency that hired and pays them. Your question seems to ask, "who calls the shots regarding the oversight of the employees leave of absence?" Sounds like you should be asking, "why the hell are we arguing about all this?" I do think it is legitimate to make sure the employee submits the necessary documents to show a need for continued leave and to require the employee maintain regular communication regarding their need to initiate and continue leaves of absence. If the supervisor questions the legitimacy of the reasons for continued leave, I think it is incumbant upon everyone to determine if that employee has satisfied the legal requirement to provide on-going communication and verification of the need for the requested leave. If anything, it sets solid precedent that all employees are held to a strict standard of justifying leave when its requested, and while it is in process (within reason, do not harass ee's for unjustifiable reasons)

E Wart

I was getting ready to say the same thing.... I bet they both would be running if they were trying to find out who the employer was because they were being sued!! Also, I can't believe that they are fighting over doing more work... normally someone is saying it isn't their job and why won't someone else do it!!
Define what your policies are, who is responsible for what, and what is the law and what are we able to do under the law.
In larger companies, someone other than the "direct supervisor" handles the "paperwork" for FMLA. However, I certainly think that the supervisor has the right to request that the person responsible update their informaiton if they think there is reason to question it and if it is legal to do. I would sit the 2 down and explain that they BOTH work for the SAME company and let's work together to solve the problem.
E Wart

System

Welcome to the Forum, maverick! x:D

So you have people fighting to take responsibility for an FMLA decision? I'd think they'd be running away from it. Maybe you should tell them that an FMLA decision-maker can be personally sued by a disgruntled employee. That might cool their enthusiasm.

Article in the Subscribers Area of this website: "Personal liability under FMLA -- how to avoid it." Iowa Employment Law Letter, March 2003.

Good luck.

James Sokolowski
HRhero.com