It is important that you, your General Manager and your key employees are aware of the requirements under these Acts. It is also important that they know which employees are covered, which employees are eligible, scope of leave and the leave period.

It is important that everyone knows what is considered to be a “qualifying event” for such leaves. In fact, with regard to the FMLA, it is of the utmost importance to have a Designated Leave Administrator. With respect to FMLA leave, it is important for a leave of more than one week, the employee be required to call the Designated Leave Administrator.

Did You Know?

…The EEOC and the Michigan Department of Civil Rights are the first stop for allegedly aggrieved employees. In the event that their case is not taken by the EEOC or the Michigan Depart of Civil Rights, they generally issue a “Right to Sue” Letter which allows an employee to pursue their claim through a private lawyer.

…There is a myriad of interactions between the American with Disabilities Act and the Family Medical Leave Act. As such, although you may think you are protected under one, you may not be protected under the other.

…That under the FMLA, an employer must provide up to 12 weeks of unpaid job-protected leave to eligible employees if the employee, their spouse or immediate family have a serious health condition or the birth of a child.

If you require any assistance in determining whether your dealership is FMLA Compliant, please do not hesitate to contact a member of our Dealer Practice Group for guidance at 248-645-9300 or by email.

Chuck LeFevre, Chair – [email protected]
Lawrence F. Raniszeski – [email protected]
Eric R. Bowden – [email protected]
Alycia Pallach Wesley – [email protected]