Does anybody really know what time it is?

Currently FMLA regulations do not specifically require employers to provide employees with information detailing the amount of leave designated as FMLA leave. Employers just need to notify the employee that leave has been designated and will be counted as FMLA leave. The recent case of Edwards v. Heathcraft, Inc. No. 7:05-cv-36 (HL), 2008 U.S. Dist. LEXIS 11596 (M.D. Ga. Feb. 15, 2008), upheld this regulation.

But as every HR professional knows (because you read the 130 pg, triple column, smallest font in the world, Federal Register on proposed rule changes for FMLA. God knows I didn't. I'm waiting for the HBO mini-series) that the DOL has proposed revising the notice provisions by adding the requirement (825.300(c)(1)) that employers tell employees the number of hours, days or weeks of leave that have been designated.

Oh my, did I just hear a collective whine?

Frankly I support this idea and our office just implemented this practice last year. In fact we go to the extent of informing them of when they will exhaust their paid leave time, what happens to their benefits, when their benefits will expire and/or all the necessary relevant situations that could occur in the future as a result of their leave. Of course this only really works with non-intermittent leave. And it works best if an employer requires employees to use paid leave first before going on unpaid leave, which we do.

It can work greatly to the employer's advantage. I perceive it in the same way, employers use a panel of doctors for WC. If the employee is closely monitored and they know they are closely monitored, they have more incentive to return to work. In this case, they are definitely aware of their status. Employees waste less time returning to work because they value their accumulated paid leave time.

Is this a lot of work to figure out when, if and how? Yes. But once you make the calculations, the onus is on the employee. They'll make better informed choices about their leave. And return to work as quickly as possible, avoiding the temptation to abuse the FMLA system.