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FMLA

Formal FMLA rules on the books? Enforce ’em!

08/28/2009

Does your handbook include a formal policy regarding FMLA leave requests and absences? If so, make sure you stick to that policy. Bending the rules creates a slippery slope that could land you in court.

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

Should we send FMLA forms to employees who are ineligible for FMLA leave?

08/26/2009

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

The 9 rule changes rocking the FMLA world

08/25/2009

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.

N.J. employees can have NJLAD, NJFLA cases heard here

08/25/2009

If you’re an out-of-state company that makes New Jersey employees sign employment contracts requiring disputes to be brought in your home state, don’t expect that to stick.

Return FMLA leave-taker to equivalent job, no matter what

08/25/2009

Employees who take leave under the FMLA or the New Jersey Family Leave Act are entitled to return to the same or an equivalent position.

HR Specialist releases agenda for Nov. 4-6 conference in D.C.

08/20/2009

President Obama is delivering on his promise of change—particularly in the workplace-law arena. To prepare HR professionals for what’s happening—and what’s going to happen—the HR Specialist is hosting its annual Labor and Employment Law Advanced Practices Symposium (LEAP) Washington Conference Nov. 4-6.

When salesperson travels, where’s FMLA base?

08/14/2009

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

Normal pregnancy difficulties aren’t ADA or MHRA disabilities

08/13/2009

Pregnant women have many legal protections under Title VII’s sex discrimination provisions, the Pregnancy Discrimination Act and the FMLA. They rarely, however, qualify as disabled. That’s because normal pregnancies may create temporary difficulties, but they’re not severe enough to count as substantial limitations …