$21 Billion and Counting

Abstract

As the Family Medical Review Act (FMLA) approaches its 20th year, employers continue to face a costly and burdensome policy that often yields confusing outcomes in the courtroom. For example, in disagreement with the Department of Labor’s understanding of FMLA, the courts have determined that a period of unemployment may sometimes be ignored when determining eligibility. Likewise, in certain situations, time spent at a previous and different employer may also count toward FMLA eligibility. With 52% of employees using FMLA and the cost of defense amounting to $80,000 per claim, employers will greatly benefit from developing an FMLA strategy, possibly to include punishment.