FMLA

Are you ready? Here are the top regulatory concerns facing HR this year

Fri, 28 Jan 2022 10:13:49 -0500

Workplace safety ranks number one on a top 10 list of regulatory issues employers face for the balance of 2022 and beyond, a new report finds. According to the report, from Paychex, a provider of...

Top Ten HR Trends For The 2022 Workplace

Fri, 14 Jan 2022 12:13:31 -0500

As we enter 2022, changes in how we work, where we work, who we work with, why we work, and the technologies we use are in continual flux. Many of these changes started prior to the pandemic, were accelerated by it, and have become permanent aspects of the workplace. Just as I have done in 2016, 2017, 2018, 2019, 2020, and 2021, here is my countdown of what you should include on your HR roadmap for 2022...

Handling the tricky questions in FMLA intermittent leave

Thu, 14 Nov 2019 04:00:00 -0500

Intermittent FMLA leave is a giant thorn in the side of HR people everywhere. But not all intermittent leave requests are equal. Here’s a look at some of the most common scenarios, and how to handle them...

Busted! Employer catches employee on social media abusing FMLA leave

Fri, 30 Aug 2019 00:00:00 -0400

FMLA leave costs your company enough when employees take it legitimately... then you catch an employee trying to scam you!

Unfortunately it happens a lot, though probably not as...

FMLA Lawsuit: Was Surveillance Justified Or Payback For Smut-Watching Complaint?

Fri, 07 Sep 2018 11:48:01 -0400

Just because the FMLA gives employers the ability to initiate surveillance on employees they suspect of abusing their leave, it doesn't mean you should take such a drastic step. In fact...

No One Should Be Told to 'Suck It Up' After Requesting FMLA Leave

Fri, 24 Aug 2018 08:02:02 -0400

If this was August 2017, I would be touting today's post as a strong contender for the "Worst Employer of the Year." It says a lot, however...

5 Times It's OK To Fire An Employee On FMLA Leave

Fri, 25 May 2018 08:17:36 -0400

Of course, you'd never fire someone for taking FMLA leave. But perhaps the termination had been in the works long before the person took FMLA leave. It's still a sticky situation, but a court recently outlined when it's safe to say goodbye to someone on FMLA leave. The danger is, obviously...

Viewpoint: FMLA Surveillance Of Employees Requires A Good Reason

Fri, 09 Mar 2018 09:19:18 -0500

The federal district court in Idaho was troubled that surveilling an employee-in this case, John Walker, a longtime police officer with the Pocatello police department-without any basis might "chill" an employee from taking Family and Medical Leave Act (FMLA) leave. The court said in its Jan. 31, 2018 ruling...

Can An Employee Take FMLA Leave For The Death Of A Pet? Court Weighs In

Thu, 22 Feb 2018 06:25:23 -0500

Almost everyone knows how difficult the loss of a beloved pet can be. But is it upsetting enough to qualify for FMLA leave? One employee, who was having a particularly hard time coping with the loss of his dog, thought so...

Troubles With FMLA

Thu, 04 May 2017 06:37:35 -0400

Although it's been nearly 25 years since the Family and Medical Leave Act of 1993 took effect, employers -- and courts -- continue to struggle with the law. For example: In February, the United States District Court for the Eastern District of Louisiana upheld an earlier jury trial decision that...

Facebook Photos Showed FMLA Abuse, So Why Won't Court Dismiss Case?

Thu, 04 May 2017 05:57:12 -0400

If an employee is supposed to be on FMLA because a medical condition prevents him for handling the day-to-day tasks of his job, you'd think a couple of photos of him frolicking about on a Caribbean island during his leave would be enough to prove he was abusing his FMLA leave. And it probably could've been. The case we're referring to is...

Little Movement On Maternity Leave

Tue, 14 Mar 2017 09:00:03 -0400

Despite a host of factors that would suggest otherwise, the number of U.S. women taking maternity leave has changed very little in the last two-plus decades. So says new research from Ohio State University, which finds that, on average, roughly...

Grab the checkbook: Penalties for federal law violations go up again

Tue, 24 Jan 2017 07:31:29 -0500

The Department of Labor (DOL) and the Occupational Health and Safety Administration (OSHA), for the second time in just six months, are raising the penalties for employment law violations. In November of 2015, the Federal Civil Penalties Inflation Adjustment Improvements Act was passed. It directs federal agencies to...

What Is 'Enhanced' FMLA Fitness-For-Duty, And How Can You Use It?

Mon, 31 Oct 2016 11:09:19 -0400

If you're concerned an employee won't be able to take on his or her job responsibilities after FMLA leave, here's a tool you can use to protect your company. It's being referred to as an "enhanced" fitness-for-duty certification. What is it?...

'How Can He Sue For FMLA Interference? He Didn't Even See A Doctor'

Tue, 18 Oct 2016 11:22:50 -0400

Here's a lawsuit that's sure to frustrate the heck out of some HR pros. But it also provides a valuable lesson: When a termination involves medical issues, take the time to gather all the facts. Jeffrey Rader was an assistant kitchen manager for the Upper Cumberland Human Resource Agency (UCHRA) in Gainesboro, TN. The agency prepares...

7 Steps To Completing An Effective And Strategic HR Assessment

Tue, 18 Oct 2016 10:05:55 -0400

Why assess? It's not about being right or wrong-it's about being aware. Evaluation allows you to identify weaknesses and confirm that your HR function is in compliance with relevant laws and policies. It is critical that all...

DOL releases updated FMLA poster: Must you use the new version?

Thu, 26 May 2016 11:13:38 -0400

The U.S. Department of Labor just issued a new version of the FMLA poster that covered employers are required to hang in their workplaces. You can download the poster here. The big question: If you already have an FMLA poster in your workplace, must you display this new version...

New paid family leave laws: 3 ways Finance can get prepared

Mon, 23 May 2016 07:33:22 -0400

As paid sick leave laws continue to crop up nationwide, now employers have something else to watch out for on the state and local level: paid family leave. Take New York state, for example. The state is phasing in a paid family leave program. While California, New Jersey and Rhode Island already have such plans, New York's paid family leave plan is more generous, lasting 12 weeks. Funding for the program will come through paycheck deductions,...

FMLA, FLSA Implications In DOL's New Joint Employer Guidance

Wed, 24 Feb 2016 05:44:16 -0500

You may not think you're a joint employer, but according to the DOL's latest guidance on the subject, you may very well hold that designation - and there are some very important FLSA and FMLA implications you need to be aware of. First,...

Reinstatement Rights Under The FMLA And ADA

Tue, 02 Feb 2016 07:28:55 -0500

Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA)leave? What are the exceptions to reinstatement under each law?...

FMLA Abuse: A Lesson In Standing Up To It

Mon, 23 Nov 2015 07:01:49 -0500

Handling intermittent FMLA leave can be intimidating. Here's a case that shows it pays to act decisively when you suspect the employee-centric regs are being abused. The story revolves around Mingyi Rowe, a flight attendant for United Airlines. She and her husband...

'Zip It!' 3 Things You Can't Say After FMLA Requests

Tue, 10 Nov 2015 06:06:21 -0500

You know when employees request FMLA leave, those conversations have to stick to the facts about what the workers need and why. The problem is, a lot of managers don't know that - and here's proof any of their stray comments can cost you dearly in court. Three employers are...

Reining In Absences & Tardiness: 7 Do's And Don'ts

Fri, 19 Jul 2013 01:01:49 -0400

Managers have heard all the excuses: My alarm didn't go off. My babysitter didn't show up. I have a bad cold. While those excuses sometimes ring true, chronic absenteeism and tardiness can become a major problem in the workplace if left unchecked. One key thing to remember: These days, managers can't...

Employee Benefits Lessons From My Mother

Sun, 02 Jun 2013 15:56:00 -0400

My mom died. I'm sharing this information with you for several reasons; the primary being that my mother was an educator and encouraged me to talk about any lessons I learned from her experiences. I've used her permission with carte blanche over the last decade or so. And since I've entertained audiences with vignettes from my mom's life, I figured I should equally inform people with the stories associated with her dying. As coincidences sometimes happen, I became more motivated to discuss my observations due to a question I was...