Q. We have an employee out on a medical leave who is collecting short-term disability benefits. We have also designated the leave as FMLA leave. Our FMLA policy allows us to require the employee to use accumulated paid leave benefits concurrently with FMLA leave. Can we reduce this employee’s paid leave bank for the FMLA time he is taking?
For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.
Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.
The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.
Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.
HR Law 101: Employees who want to take FMLA leave must give their employer 30-day advance notice when the need for leave is foreseeable. Employers should respond in writing within five business days to their leave requests ...
For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. On Jan. 16, that all changed. That’s the day the first major overhaul of the FMLA took effect. Here are the details.
Your FMLA
policy tells employees they can take up to 12 weeks of unpaid FMLA
leave each year. But does your policy define “year”? If not, a court
may do it for you—in the employee’s favor, of course …
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member ...
An Indiana employer must now respond to charges it misled employees when it promised FMLA benefits in its handbook, even though the company is too small to be covered by the FMLA. The case, recently decided by the 7th Circuit Court of Appeals, shows the problems that arise when employers promise more than they are willing to deliver in their employee handbooks ...
Migraine headaches can be serious business—sometimes requiring FMLA
leave. But what if you discover that your migraine-suffering employee
used her FMLA time to cut lawns at her side job? An Indiana employer
facing that situation recently handled that situation aggressively—and
legally …
When the Society for Human Resource Management (SHRM) surveyed employers
about their biggest FMLA administrative challenges, dealing with leave
for employees’ own chronic conditions ranked number one. But,
surprisingly, not far behind was FMLA leave taken for “caring for a
sick parent." With more “sandwich
generation” employees taking care of children and parents at the same
time, it’s wise to be consistent about requesting certification for all types of FMLA leave, including care for elderly parents.
Q. Our company has about 75 employees scattered throughout 10 offices in the state, with a maximum of 10 in any one office. One of our employees has requested FMLA leave for a serious health condition. Do we have to provide it? ...
Q. Our company is looking to revise and update its employee handbook. This will be the first update in several years. Is there anything specific that we should focus on to make sure that we are up-to-date? ...
As “sandwich generation” employees begin caring for their parents in addition to their kids, you can expect more requests for FMLA leave to tend to mom’s and dad’s medical needs. The FMLA allows employee leave to provide parental care—if the parent’s medical condition actually qualifies for FMLA leave. A federal court says you can ask for medical certification.
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA ...
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA ...
Employees with “serious health conditions” can take FMLA leave. But
when does that serious condition take effect for employees who need
alcohol treatment? Is it when the employee first contacts a doctor to
get a referral for in-patient treatment … or is it at the time of
check-in? Can you fire an employee for absenteeism prior to going in to rehab? One court ruling last week says you can ...
Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? ...
With employment litigation rising steadily, the employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions. A good handbook tells employees what the rules are and how they will be enforced ...
Employees eligible for FMLA leave cannot stack their 12 weeks of unpaid FMLA leave on top of other paid leaves if your organization chooses to run FMLA leave concurrently with paid leave (as it should). But here’s the key point: You must tell employees that you intend to run FMLA leave concurrently with paid leave. If you don’t, they can take the FMLA leave later and extend their time off and other FMLA job protections ...
The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid leave per year for their own “serious health condition,” care of a spouse, child or parent with a serious health condition, or for childbirth or adoption.The U.S. Labor Department recently collected 15,000 public comments about the pros and cons of the law. The department may use those comments to help develop regulations that clarify the confusing parts of the law, but no regulations are imminent ...
Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia ...
Question: "How can I persuade our employees to take the leave FMLA was designed
to provide? Short surgeries, family situations, and even new
fathers—these are all situations in which employees have chosen to use
vacation time instead of FMLA entitlements. The most common reasoning
is 'I want to save it in case of a real emergency.' Any advice for
making the case for FMLA?" — Elaine A., Florida
Chances are your employees are happier with the 14-year-old FMLA than you are. A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report ...
While employees love the Family and Medical Leave Act (FMLA) and want to see it expanded, the law is causing productivity, scheduling and legal headaches for employers, according to a new U.S. Labor Department report that summarizes 15,000 public comments on the FMLA. Here are employers' main complaints, plus a 10-step plan to help you comply with the FMLA.
Q. At a recent FMLA seminar I attended, the speaker said that employers have the responsibility to ask employees if they want their absences applied to their 12 weeks of available FMLA leave. I understand that we can run FMLA leave concurrent with paid sick leave, but what if an employee doesn’t want to use up his FMLA leave and has other paid or unpaid leave available under our company leave policy?—J.G., Ohio
The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave ...
Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland
Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn't requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia
HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time ...
Issue: Many HR professionals believe they've unwittingly approved FMLA leave for fraudulent reasons. Benefit: A new court ruling makes it easier for you to check up on employees on FMLA ...
When employees return from FMLA leave, they're entitled to their same or equivalent position, pay and working conditions. If you try to place someone in a lower paying or lower-prestige job, ...
Good news: Managing employees out on sick leave and spotting FMLA abuse just got easier. As a recent court ruling shows, you can call and check on employees to make ...
When employees tell you they're ready to return from leave taken under the Family and Medical Leave Act (FMLA), restore their jobs as soon as possible. Once employees are capable of ...
Would you think less highly of male applicants because they took leave under the Family and Medical Leave Act (FMLA)? Your first answer may be "No," but a new study suggests ...
Issue: Court raises threshold for employees to qualify for FMLA leave. Benefit: Workers can take FMLA leave if they have a serious condition causing three consecutive full days of incapacity, ...
Issue: Mistakes made during FMLA policy changes could spark a lawsuit. Risk: FMLA allows for HR directors to be sued personally. Action: Enact FMLA policy ...
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don't skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA ...
After receiving a phone message that her father had suffered a heart attack, Vickie Medley told her boss that she was leaving Denver immediately to drive to Nebraska. Over the next ...
Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a "key employee" under the Family and Medical Leave ...
