Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more
As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...more
On February 9, 2023, the U.S. Department of Labor issued Opinion Letter FMLA 2023-1-A relating to whether or not an employee could “limit their workday to eight hours a day for an indefinite period of time…” when the standard...more
One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more
7/25/2022
/ Department of Labor (DOL) ,
Disability Leave ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Leave of Absence ,
Medical Leave ,
Wage and Hour
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
3/3/2022
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
State Labor Laws ,
Wage and Hour
Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more
In 2021, as everyone begins to hope that the world will shift back to normal after the chaos of COVID-19, many employers are finding that they have no workers to fill open positions as they ramp up production and expand...more
6/3/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
Relief Measures ,
Unemployment ,
Unemployment Benefits ,
Unemployment Compensation System ,
Wage and Hour
Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more
Q: An employee on FMLA leave has simply not returned her medical certification. What next?
A: If an employee does not return the required medical certification within 15 calendar days, you can decline to extend FMLA...more
Q: I have an employee who plans to go out on leave for surgery but has been told by his physician he has to quarantine for five days prior to surgery because of COVID-19. Is this leave covered under the Emergency Paid Sick...more
When the Families First Coronavirus Response Act (FFCRA) was first enacted, the Department of Labor (DOL) indicated that employees of healthcare providers were exempt from the emergency paid sick leave and expanded Family and...more
Q: My employees simply won’t get their FMLA certification in. What can I do?
A: The general rule is that an employee applying for Family and Medical Leave must provide the requested medical certification within 15 calendar...more
Q: If I have employees out of work either due to FMLA, or maybe even if they are on furlough due to a business downturn, can I still require that they be on call or respond to emails?
A: This depends on the individual...more
Q: I have a pregnant employee whose chiropractor has now certified her to be off from work during the remainder of her pregnancy. Can a chiropractor certify pregnancy treatment?...more
Q: I have multiple employees on lay off at this time. Several are pregnant - should I give them FMLA when the baby is born?
A: Employees who are not currently active and working do not qualify to receive FMLA time off....more
Right now, it feels like all COVID-19 all the time and employers are focused on serious issues - what a layoff might look like, what unemployment compensation is available to employees, and how to keep the business...more
On March 24, the Department of Labor issued partial regulations and guidance for employers and employees regarding the emergency FMLA and paid sick leave laws under the Families First Coronavirus Response Act. The preliminary...more
The Families First Coronavirus Response Act was signed by the President Wednesday, March 18, and will be effective in 15 days (April 2). It has multiple provisions relating to items such as family food aid, PPE and other...more
The news is full of both images and stories about coronavirus/COVID-19 and the toll it’s taking in China. With increased activity in the United States and travel restrictions, as well as some U.S. citizens being quarantined,...more
2/24/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Premises Liability ,
Traveling Employee ,
Whistleblowers ,
Workers' Compensation Claim ,
Workplace Hazards
Q: Is FMLA 480 hours under every circumstance?
A: No, the FMLA uses something called the fluctuating work week. If an employee is normally scheduled 40 hours then it’s 480....more
Q: My employee tells me the doctor will charge her $50 to complete an FMLA certification. Do I have to pay that?...more
Q: How long does an employee have to return FMLA certification?
A: The employee has 15 calendar days to return medical certification to qualify for FMLA unless with “diligent” and “good faith” efforts the employee cannot do...more
Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave?
A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more
Q: Can one employee donate PTO to another?
A: Yes, but the government doesn’t make kindness easy. There are IRS rules which directly impact PTO donation plans....more
Q: Can I keep an employee home if they have been exposed to the measles? Do I have to pay them?
A: If you become aware that an employee has been exposed to a significant contagious disease, which would include mumps,...more