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FMLA

New ADA and FMLA rules kick in this month

01/01/2009
 

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR pros must adapt to important changes to two key employment laws: the FMLA and the ADA.

Track reasons for multiple FMLA leaves

12/31/2008
 

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

DOL issues new FMLA poster: Get your free copy here

12/30/2008
 

The U.S. Department of Labor (DOL) has issued a new FMLA poster to go along with the new FMLA rules that will take effect Jan. 16. Don’t waste budget dollars buying new posters from HR vendors. You can download the official version for free right here.

What are the risks of continuing a no-fault attendance policy?

12/24/2008
  

Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008
 

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Generous about leave? Beware FMLA suit anyway

12/24/2008
 

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn't reinstated to his prior position or an equivalent? The apparent answer is "yes."

Do we have to pay health insurance opt-out bonus during FMLA leave?

12/18/2008
  

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Don't consider FMLA absences when firing

12/11/2008
 

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

Check the medical documentation: FMLA doesn't automatically apply to ER visits

12/09/2008
 

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Understand, prepare to follow the new revised FMLA regulations

12/09/2008
 

The long-awaited revised and updated final rules of the U.S. Department of Labor interpreting the FMLA will go into effect on Jan.16. HR specialists should read the new regulations and then review them with an employment attorney. Also, they should promptly develop special training on new rules and procedures for supervisors and employees alike.

Be prepared to grant FMLA leave for diagnosis of serious health condition

12/09/2008
 

Routine doctors’ appointments such as checkups or annual physicals aren’t considered eligible for FMLA leave, but appointments aimed at diagnosing a condition may be. Employers that know the employee is seeing a specialist as part of the followup to an auto accident, for example, are on notice that the employee may need to take FMLA leave ...

The Obama years: 4 predictions for employment law circa 2012

12/08/2008
 

President-elect Barack 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.

Don't delay paperwork for FMLA leave

12/04/2008
 

Act fast if you require employees to furnish medical certification for requested time off. Delaying sending the forms may in itself constitute interference with an employee’s right to take FMLA leave.

DOL issues new FMLA rules; time to review your policies

12/04/2008
 

On Nov. 17, the DOL finalized the first major overhaul of FMLA regulations in 15 years. Some changes favor employers; others will make FMLA compliance trickier than ever. They will require changes to your policies.

Track managers' deviation from rules to ensure there's no hidden discrimination

12/04/2008
 

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires ...

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