Articles tagged 'FMLA'

HR Basics, Legal Issues

Should Employers Keep Time Records For Exempt Employees?

time_clock

By John E. Thompson

Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption?

At the risk of giving the proverbial “lawyer’s answer,” it depends. Read more…

HR Basics, Legal Issues

What Must an Employee Do to Get FMLA Leave?

FMLA_poster

 By Eric B. Meyer

Now, let’s talk about notice under the Family and Medical Leave Act.

Specifically, in those situations in which an employee doesn’t use the letters F-M-L-A, what can that employee say or do to still qualify for leave?

Well, in Festerman v. County of Wayne, a police officer left work one day with chest pains and shortness of breath and was transported to the hospital. Five days later, he returned to work and submitted an incident report, which was passed along to both HR and Benefits Administration. Read more…

Legal Issues, Talent Management

Reducing Workplace Stress: Reasonable Accommodation Under the ADA?

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By Eric B. Meyer

Isn’t the Americans with Disabilities Act fun?

Oh, right, it’s the federal employment law that y’all voted that keeps you up most at night. ADA garnered 30 percent of the votes in yesterday’s blog post of a poll. The FMLA (Family and Medical Leave Act) and FLSA (Fair Labor Standards Act) tied for second with 23 percent of the vote each.

So, how about today’s puzzler? How the heck do you reduce workplace stress to reasonably accommodate an employee with a disability. Well, in many cases, I’m pretty sure the answer is you can’t. Read more…

Legal Issues

For Handling Employee Disabilities, Take the Burger King Approach

BurgerKing2

By Eric B. Meyer

ADA and Burger King?!? Has someone been eating too many Whoppers?

Actually, the inspiration for this post comes from Seattle attorney Michael Harrington, who presented The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers! with me yesterday at the 2015 Employer Compliance Conference in Washington, D.C..

(If you want a copy of our PPT, please email me. I got you.) Read more…

HR News & Trends, Legal Issues

Do You Have to Pay an Employee for Mandatory Alcohol Treatment?

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By Eric B. Meyer

Are you required to pay an employee for mandatory alcohol treatment?

More specifically, as posed in this recent federal court decision, “when an employer requires an employee to attend alcohol counseling and treatment sessions as a condition of keeping her job, must the employer compensate the employee for the time she spends in counseling and treatment?”

The three plaintiffs, New York police offers, identified three aspect of counseling that they claim they were required to undertake: Read more…

HR Basics, Legal Issues

Why Your Handbook Needs to Be Clear on Taking FMLA Leave

FMLA_poster

By Eric B. Meyer

A few missing words in your employee handbook words may open your FMLA floodgates, and you wouldn’t want to make the same egregious mistake as a Michigan employer recently did.

The Family and Medical Leave Act permits eligible employees to take up to 12 weeks off in a 12-month period for, among other things, a serious health condition that makes the employee unable to perform the functions of the position of such employee.

To be eligible for FMLA leave, an employee must work for a covered employer and: Read more…

HR Management, Legal Issues

FMLA Interference: It’s Telling an Employee “Don’t Die at the Desk”

FMLA_poster

By Eric B. Meyer

Telling an employee returning from open-heart surgery, “Don’t die at the desk” is bad. Very bad.

Also, threatening to drag that employee outside and throw him in a ditch isn’t good either.

Yeah, that may fracture a law or two. I’m thinking the Family and Medical Leave Act.

Heck, even the Taliban would frown on that. Read more…

HR Basics, Legal Issues

Why You Need to Be Careful Emailing Employees FMLA Paperwork

FMLA_poster

By. Eric B. Meyer

Remember, over the summer, when I wrote about how sending Family and Medical Leave Act paperwork to an employee via first class mail is a big mistake.

Why? Because if the employee claims not to have received the paperwork, then you have no proof of delivery, and possible FMLA interference issues if the employee is somehow precluded from taking FMLA leave.

So, I offered three alternatives: Read more…

Benefits, HR News & Trends

California the Latest State to Require Paid Sick Leave on the Job

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With federal legislation continuing to prove elusive, California in September joined a growing number of states and cities that require employers to provide paid sick time off for their workers.

The California law, the Healthy Workplaces, Healthy Families Act of 2014, requires large and small employers to provide at least three days paid sick leave annually to employees who work 30 or more days a year. The leave would be available if they or a family member becomes ill.

When it takes effect in July, it’s expected to affect 6.5 million workers. Read more…

HR News & Trends, Legal Issues

EEOC Warns That a Duty to Accommodate May Extend After Childbirth

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By Eric B. Meyer

Seems one employer may not have received the memo. Now, the EEOC is taking aim.

Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy Discrimination Act doesn’t require reasonable accommodation for pregnant employees. That is, unless you accommodate other employees who are not considered to have a disability under the Americans with Disabilities Act. In that case, you need to do the same for pregnant employees.

Got it? If not, Jeff Nowak has a good discussion here, focusing on light duty accommodations for pregnant employees. Read more…