Articles tagged 'FMLA'

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…

Benefits, Legal Issues

What Employers Should Know About the Americans With Disabilities Act

ADA

By Sandra S. Moran

The U.S. Equal Employment Opportunity Commission’s efforts to enforce the 2008 American with Disabilities Amendments Act have certainly not waned as it continues to challenge leave policies.

Armed with a recent $1.35 million settlement to dismiss a disability discrimination lawsuit filed by the EEOC (EEOC v. Princeton Healthcare System), employers should evaluate their policies and procedures regarding leave to ensure they comply with the ADA.

This is especially true for health care providers, as the EEOC has shown less tolerance for ADA violations in the health care sector given the fact that they expect health professionals to be particularly understanding of those with disabilities. Read more…

HR Basics, Legal Issues

Why You Need an Essential List of Job Functions When Approving FMLA

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By Eric B. Meyer

Under the Family and Medical Leave Act, an eligible employee has the right to take up to 12 work weeks of covered leave for, among other things, the employee’s own serious health condition.

The FMLA prohibits an employer from interfering with an employee’s FMLA rights. This includes the right to return to work from leave to the employee’s prior position (or an equivalent one). Read more…

HR Basics, Legal Issues

HR Basics: Here’s the Absolute Wrong Way to Deliver FMLA Notices

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By Eric B. Meyer

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.

But, if you send Family and Medical Leave Act paperwork to an employee by first class mail, then you’re asking for trouble.

Did you read the headline and think to yourself, “FMLA notice? You mean there’s a notice? You mean, like in our handbook, right?” Read more…

HR Basics, HR Technology

How Is Your HR Department Doing Covering Its … Assets?

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HR departments are the sentries of the office, with access to sensitive personnel records such as health information, I-9 documents as well as salary details, records that can take up loads of file cabinet space, and not to mention, archived data that is located off site.

But what If you suddenly find yourself asking these questions:

  • Is our vast personnel (past and present) data secure?
  • How much time is paper-management costing us? Read more…