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FMLA

Download the new FMLA poster, certification forms

01/27/2009

The new FMLA regulations that took effect Jan. 16 require you to post the newly updated FMLA poster in your workplace. Advice: Ignore ads from vendors selling the posters. Download them free …

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

The HR I.Q. Test: February ’09

01/16/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Suspect FMLA leave shenanigans? Follow the law’s certification requirements

01/16/2009

Sometimes, employees whose vacation requests are turned down try to get time off by producing a doctor’s note. Some even up the ante by trying to claim FMLA leave. If you really believe an employee is trying to pull a fast one, you have two options if you want to avoid possible FMLA interference charges.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Keep solid records to show FMLA eligibility

01/13/2009

Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for FMLA leave are eligible for unpaid FMLA leave for their own serious health condition or that of a relative. If employees haven’t reached 1,250 hours, they’re not eligible. That’s why it’s important to track every hour worked.

Can we require scheduling FMLA-covered medical appointments to suit our needs?

01/13/2009

Q. One of our employees is taking intermittent FMLA leave for planned medical treatment. However, the employee’s appointments occur during work hours, and that has started to have a serious adverse impact on our customer service function. Can we require the employee to schedule medical visits better to address these problems?

How do we handle FMLA leave when the time off is less than our usual minimum?

01/13/2009

Q. An employee has asked for paid FMLA leave for an increment of time that is less than the increment allowed under our company’s paid leave policy. Can the employee be required to take the larger paid leave increment to substitute any accrued paid leave for unpaid FMLA leave?

Must we reinstate health insurance that lapsed while employee was on FMLA leave?

01/13/2009

Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?