Articles tagged 'FMLA'

HR Basics, Legal Issues

Employment At Will: The Most Misunderstood Workplace Principle

by on Apr 10, 2013, 10:20 AM  |  1 comment
youarefired

By John A. Gallagher

Most Americans have a general understanding of the “employment at will” doctrine. They understand that it means that they are not guaranteed employment for any specific period of time.

In general, and at least intellectually, they understand that they can be fired at any time, and for any reason.

However, it is my experience that folks do not know what that overriding principle, that one can be fired at any time and for any reason, truly means and how it plays out in the workplace.

In order to truly understand this principle, it is helpful to examine workers who are not at-will employees. We will look at the three most common-type employees, from most populous to least. Read more…

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HR Basics, HR Management

After 20 Years It’s Time to Ask: Is the FMLA Still Working?

by on Mar 14, 2013, 8:10 AM  |  No comments yet
DOL_Seal_FMLA

It’s hard to believe that the FMLA (Family and Medical Leave Act) was signed into law 20 years ago. How has the FMLA impacted employers, workers and their families?

The U.S. Department of Labor recently conducted a survey addressing that very question. According to the report, the FMLA has had a positive effect on the lives of workers and their families without imposing an undue burden on employers, and has created very little disruption in the workplace.

Here are some key findings from the survey: Read more…

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HR Basics

Everything You Could Possibly Want to Know About the New FMLA

by on Mar 13, 2013, 12:20 PM  |  No comments yet
FMLA

The new FMLA rule is now in effect. Here’s a handy guide to what you really need to know.

What changed?

In 2008, the Family Medical and Leave Act was amended to provide leave for military families.

In 2010, the FMLA was amended again to expand military-leave protections and to add a special eligibility provision for airline flight crews. The new rule — which officially went into effect March 8 — puts those changes into practice. Read more…

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HR News & Trends, Legal Issues

New Bill Would Extend FMLA Benefits to Part-Time Workers

by on Mar 4, 2013, 12:15 PM  |  1 comment
fmla-guidelines-1

By Eric B. Meyer

Under the Family and Medical Leave Act (FMLA), employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Consequently, part-time employees generally do not qualify for FMLA leave because they do not meet the 1,250-hour requirement.

However, a new bill introduced last month in the U.S. House of Representatives would change that if signed into law. It’s called the Part-Time Worker Bill of Rights Act of 2013 and you can download a copy of it here. Read more…

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HR Management, Legal Issues

Mexican Vacation Photos on Facebook Foil an Employee’s FMLA Claim

by on Feb 8, 2013, 9:12 AM  |  No comments yet
Beer Bottles in Bucket of Ice

By Eric B. Meyer

I have three kids, ages three and under. So a vacation for me is the half hour of quiet time I get in the bathroom every morning.

It’s not like the old days. I remember Spring Break ’97 in the Bahamas. Sun, beach, water sports, and a couple of adult beverages.

It was kinda like the Mexican vacation that Carol Lineberry, a former employee of Detroit Medical Center, took back in 2011. These pictures she posted on Facebook — we didn’t have Facebook back in the day, so I’ll deny everything. EVERYTHING! — show that Ms. Lineberry is having a blast in Mexico.

Did I mention that Lineberry took this trip while taking leave under the Family and Medical Leave Act? Of course, she did.  Read more…

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HR Basics, Legal Issues

No FMLA Notice? It Means No FMLA Leave

by on Feb 6, 2013, 11:25 AM  |  No comments yet
DOL_Seal_FMLA

By Eric B Meyer

Before going any further, allow me to wish a happy belated 20th birthday to the Family and Medical Leave Act, the FMLA.

What can I say? I plumb forgot. Next year, to celebrate the big 2-1, drinks are on me

For today, we’ll do an FMLA post in tribute.

A few weeks ago, I posted FMLA Requests: 3 Essential Factors For Every HR Pro to Remember, one of which was to have a publicized attendance rule and enforce it. Read more…

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HR Basics, HR Management

FMLA Requests: 3 Essential Factors For Every HR Pro to Remember

by on Jan 9, 2013, 9:10 AM  |  1 comment
FMLArequest

By Eric B. Meyer

Here are three (3) easy ways to tackle FMLA issues, without having to call someone like me.

Employee gets open-heart surgery, no FMLA

I was reading this case the other day about an employee who needed to take time off to have open-heart surgery. She inquired about leave under the Family and Medical Leave Act and her employer provided her with several FMLA forms, including “Notice of Eligibility and Rights & Responsibilities,” “Request for FMLA Leave,” and “Certification of Health Care Provider.” Read more…

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Legal Issues

What Happens When HR Says Employee Firing Was FMLA Retaliation?

by on Dec 7, 2012, 11:05 AM  |  1 comment
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By Eric B. Meyer

Here’s a new one: HR testifies that an employee firing was FMLA retaliation (yes, you read that right).

Better settle the case, right? Not if you’re Flannery Oaks Guest House. Instead, you move for summary judgment and try to get your former employee’s FMLA retaliation claim dismissed.

Was Andy Reid or Norv Turner calling that play?

How do you think it worked out for Flannery Oaks? (Hint: it failed miserably). Read more…

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Benefits, HR Basics

On Veterans Day, It’s Good to Remember Workplace Rules for Vets

by on Nov 12, 2012, 12:35 PM  |  No comments yet
From the HR blog at TLNT.

In honor of this auspicious occasion, I thought it might be helpful to remind everyone of workplace requirements in place to protect all of our wonderful veterans and those currently serving in the military:

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HR News & Trends, Legal Issues

How Facebook Photos of Drinking Ruined an Employee’s FMLA Claim

by on Nov 8, 2012, 8:20 AM  |  No comments yet
Beer

By Eric B. Meyer

About a year-and-a-half into Sara Jaszczyszyn’s employment with Advantage Health Physician Network, she began taking intermittent FMLA leave for back pain that which she stated left her “completely incapacitated.”

About five weeks into her leave, several of her coworkers saw pictures of her on Facebook consuming adult beverages at a local Polish beer festival. (Although she doesn’t appear to be “completely incapacitated,” she does appear to be having a good ol time, doesn’t she?)

Yadda, yadda, yadda, Advantage Health fires Ms. Jaszczyszyn and she claims FMLA retaliation. Read more…

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