KENTUCKY INDUSTRY LIAISON GROUP

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WAGE AND HOUR QUESTIONS

What can you do if you think an employee on FMLA leave is abusing the leave?

An employer can ask the employee to re-certify the illness (condition) every thirty days.  The employer can also ask the employee to get a second opinion from a doctor the employer selects.  A third and binding opinion may be given by a third doctor that is approved by the employee and employer.  Investigating certain employees may lead to a type of discrimination.  It was suggested private investigators or someone trying to “catch” the employee doing something they should not be doing is not an effective way to manage the FMLA program.

 

Does Wage and Hour Division accept anonymous complaints in some areas?

Yes, it has to be an area that can be proven.  It is difficult to investigate an FMLA claim anonymously.  However a blanket immigration (HIB) complaint can be submitted anonymously.

 

Where can we find the regulations for breaks and lunch?

Wage and Hour does not establish those laws, Kentucky Dept of Labor, Kentucky Labor Cabinet does.  Their phone number is 502-564-2784

 

Who can I contact at the wage and hour division?

Karen Garnett
502-582-5226 x 14
Office hours 8:15-4:45

 

Where can I find more information about equal pay issues?

http://www.wagehour.dol.gov