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BCLP Lawyer Authors Article in ‘Employee Benefit Plan Review’
Feb 07, 2022Counsel Christy Phanthavong authored an article published in the February edition of Employee Benefit Plan Review concerning policies and communications to employees seeking leave under the Family and Medical Leave Act (FMLA), reminding employers that correct use of the terms and concepts relating to “eligibility” and “entitlement” will help ensure clarity regarding leave rights. “FMLA ‘eligibility’ refers to whether an employee meets the preliminary requirements to even be considered for FMLA leave in the first place,” Christy wrote. “If the employee is eligible for FMLA leave, the next step is to determine whether the employee is entitled to – i.e., has a right under federal law to – take FMLA leave.”
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