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FMLA

You could personally pay for FMLA violations

04/10/2013
The FMLA provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement. That means managers—and HR staff!—can be held personally responsible for FMLA mistakes, potentially costing them the loss of their own personal funds.

Employee tardy due to FMLA caretaking? That’s not legitimate FMLA ‘leave’

04/08/2013
It’s difficult to track which out-of-the-office hours qualify for FMLA leave. But what if the employee comes to work, only to spend much of her time on the cellphone dealing with the relative’s serious health condition?

What are the details on new FMLA changes?

04/03/2013
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?

On the DOL’s regulatory horizon: WHD rules, ‘right to know’

04/03/2013

The most recently released regulatory agenda of the DOL focuses on three major areas: 1. A “plan/prevent/protect” strategy that seeks to achieve compliance with workplace laws each and every day. 2. A departmental commitment to openness and transparency. 3. Reducing employee risk.

Ensure FMLA eligibility before approving leave

04/03/2013
Here’s a problem that’s quite common for employers with several work sites spread far apart and one common HR department. Many employees may be eligible for FMLA leave, but some may not be if they work at a location with fewer than 50 employees that’s located within 75 miles of the main office.

Reinstate employee to equivalent job after FMLA leave

04/03/2013
When an employee finishes FMLA leave, she is entitled to return to the same or an equivalent job. The reinstatement provision gives employees some flexibility. How­­ever, it’s a mistake to think it’s OK to return the employee to any old job.

When employee has used up FMLA leave, consider additional time off under the ADA

03/29/2013
It’s a perennial puzzle: How should employers handle it when an em­­ployee has an FMLA-covered serious health condition that is also an ADA disability? Answer: Consider FMLA leave the minimum amount of un­­paid leave the employee can take.

You could personally pay for FMLA violations

03/29/2013
Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

DOL issues final FMLA regs addressing military leave

03/25/2013
Final regulations issued by the Department of Labor implement the FMLA’s military exigency and caregiver leave provisions and make some additional clarifying changes to the FMLA regs in general.

Does time in alcohol rehab count for FMLA leave?

03/18/2013
Q. If an employee is admitted to a nonmedical facility for alcohol addiction, can this leave qualify under the FMLA? If so, what documentation is acceptable? Can a letter from the facility be substituted for medical documentation?