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FMLA Law News Update March 6

fmlalaw — Fri, 06 Mar 2009 15:22:58 +0000

Employee refuses FMLA — then sues when she’s fired for absences …
By Sam Narisi
For whatever reason, not all employees who are offered FMLA leave decide to use it. But can companies get in trouble when those employees are discipline for |%blog_title | Up-to-the-minute cases and law impacting HR.
HRLegalNews.com – http://www.hrlegalnews.com/

HR Daily Advisor – Practical Human Resource Tips, News & Advice …
By stevebruce
Now there is a complete, comprehensive training delivery and management program available at a predictable and reasonable price. Harassment, FMLA, diversity, USERRA–you name it. Plus, full administrative backup and recordkeeping. …
HR Daily Advisor – Practical… – http://hrdailyadvisor.blr.com/default.aspx

Bernabei & Wachtel Blog: Fourth Circuit, FMLA decision
By Bernabei & Wachtel, PLLC
The Fourth Circuit upheld the jury’s and court’s determination on damages and attorney’s fees on a successful FMLA claim, but remanded since the district court failed to account for interest on part of the damages.
Bernabei & Wachtel Blog – http://bernabei.typepad.com/bernabei_pllc_blog/

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FMLA Law News Update March 4

fmlalaw — Tue, 03 Mar 2009 23:47:35 +0000

Apple Ibook G4 14″ Mac Laptop Notebook Computer for sale - Great portable laptop at bargain price!

Encouraging Family-Friendly Workplace Policies
American Progress Action Fund – Washington,DC,USA
… leave to care for themselves, their child(ren), spouse, or parent with a serious health condition, as defined by the Family Medical Leave Act (FMLA). …

Laws Protecting California Employees
EIN News (press release) – Netherlands
Employers covered by the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) must grant eligible employees up to 12 weeks of …

» Time off for a salaried employee Human Resource Blog
By Caitlin
Maybe, if the employee has used all her sick time, or is covered by FMLA or ADA. If we understand this question correctly, in addition to using all of her allotted vacation time, this salaried exempt employee is also taking 3 to 4 days …
Human Resource Blog – http://www.humanresourceblog.com/

Should your employees on FMLA earn vacation time? | HRLegalNews …
By Sam Narisi
Employees on FMLA can’t be denied any benefit they earned before taking leave. But what does the law say about employees on leave accruing benefits that are |%blog_title | Up-to-the-minute cases and law impacting HR.
HRLegalNews.com – http://www.hrlegalnews.com/

HR Daily Advisor – Practical Human Resource Tips, News & Advice …
By stevebruce
These are all motivational, actionable programs—for both employees and supervisors—in such key areas as sexual harassment, FMLA, diversity, communication, USERRA, recruiting, and many more. The courses are kept up to date to reflect …
HR Daily Advisor – Practical… – http://hrdailyadvisor.blr.com/default.aspx

OFCCP Blog Spot: BILL INTRODUCED IN HOUSE TO ENHANCE FMLA
By DCI Consulting Group, Inc.
BILL INTRODUCED IN HOUSE TO ENHANCE FMLA. Rep. Carolyn B. Maloney has introduced the proposed Family and Medical Leave Enhancement Act (H.R. 824) that would allow employees to take, as additional leave, parental involvement leave to …

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FMLA Law News Update Feb. 26

fmlalaw — Thu, 26 Feb 2009 02:26:27 +0000

FMLA Obligations
Human Resource Executive Online – Horsham,PA,USA
In this second column on the Family and Medical Leave Act, questions this month address an employee’s right to have the same job after returning from FMLA …

When country calls, extended leaves will help military families answer
NJBIZ – New Brunswick,NJ,USA
Military caregivers would be assured of getting their jobs back upon return, just like other FMLA leaves, she said, though these leaves apply only to …

around town
San Diego Union Tribune – San Diego,CA,USA
“Confused About How the New FMLA Regulations Impact California Leave Laws?” breakfast meeting, 7:30 to 9:30 am, Tri-City Medical Center’s Wellness Center, …

United States: Now Is the Time to Update Your FMLA Policies …
Mondaq News Alerts (registration) – London,UK
The Department of Labor (DOL) recently published its final rule to implement the first-ever amendments to the Family & Medical Leave Act (FMLA) in its 15 …

Extended Maternity Leave and Office Morale « The Mama Bee
By Mama Bee
In fact, the Obama administration has made expansion of the Family Medical Leave Act (FMLA) a priority, and it’s likely that more and more research will be done to address these challenges so that children and mothers are better …

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FMLA Law News Update Feb. 23

fmlalaw — Mon, 23 Feb 2009 12:07:27 +0000

Clear News » Labor Department finalizes new family leave rules
By admin
Seven million of AFL-CIO’s Cecelie Counts said the the 77.1 million FMLA-eligible new regulations dealing with people took leave in 2005, the military families were “fair” but latest year for which data called the rest a “rather stingy …
Clear News – http://agoratalk.com/

Human Resources Strategy for the 21st Century: The Changing Policy …
The new administration has many new initiatives in the pipeline that will effect how we in HR do business going forward. Each of you need to be up to speed on these new policies that affect the workplace:
ADAAA – the Americans With Disabilities Act Amendments Act that when into effect on 1/1/09
FMLA – Family & Medical Leave Act as amended went into effect on 1/1/09 with sweeping changes on how we need to administer leave for employees

Bad Pancreas!: FMLA Final Ruling
By Kathleen
I highly suggest anyone with a chronic health condition keep current on the US Department of Labor laws. Every year for the past 5 or 6 years I submit certification to HR for my health condition. You need a new form if you are interrmitted and say you need surgery and will be out of work for a block of time. Resubmit a new request for LOA. Your intermitted LOA will serve to help you when you have subsequent doctor appointments, etc. Though I am only required to fill out one per year, I have in the past submitted a form and doctor cert. for each doc I was under the care of.

For California Employers: How being too nice to your employees can backfire
You are a manager or a director at a manufacturing plant or a sophisticated technology company in San Francisco, Sillicon Valley, or elsewhere in California. You take great pride in your work, and you are rewarded with generous compensation and real prospects for promotion. One of your duties is supervising the company’s employees and making sure that they deliver what your clients expect.

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FMLA Law News Update Feb. 18

fmlalaw — Wed, 18 Feb 2009 14:26:38 +0000

Employers are not required to provide Miranda-like warnings of discipline if FMLA protections are not requested
In Knox v. City of Monroe, No. 07-606, 2009 U.S. Dist. LEXIS 1014, at *18 (W.D. La. Jan. 8, 2009), the court rejected the employee’s FMLA interference claims based on supervisor’s alleged failure to warn her that she could be fired for excessive absenteeism if she did not protect herself by requesting FMLA leave. The supervisor warned Knox that she could be disciplined if she continued to incur excessive absences. He also offered Knox FMLA leave, which she specifically declined. The court opined that the supervisor “had no duty under the FMLA to threaten Knox with discharge, so that she could preemptively claim FMLA protection.”

New FMLA Regulations « Listen Up!
Employees who take intermittent FMLA leave for planned medical treatment have a statutory obligation to make a “reasonable effort” to schedule such leave so as not to disrupt unduly the employer’s operations.
If an employee voluntarily performs “light duty” work, time spent doing such work will not count against an employee’s FMLA entitlement, and the employee’s right to job restoration is held in abeyance during the light duty period.

Girls Just Wanna Have Funds-Personal Finance For Women
I’m wondering if you can lend me your thoughts on my situation. My boyfriend and I are expecting our second child in March 2009 and I will be going on maternity leave towards the end of February. Of course amidst all the gloomy talk around the recession I’m concerned about my job and whether or not it will be here when I get back in May. Needless to say we are a two income household and I need to have a job, especially with little one showing up in a matter of weeks. We saved so that I would be able to be off for 8 weeks and be comfortable in that time but I am concerned whether or not I can be laid off before returning from maternity leave. What are your thoughts and what recourse do I have should this happen?

» Disability and Family Leave Human Resource Blog
Can an employee get 6 weeks maternity disability then take paid vacation then 12 weeks of FMLA?
Yes, the 6 weeks of disability after childbirth normally counts as a portion of the 12 weeks of FMLA. Under federal law, most employees are entitled to 12 weeks of unpaid, job-protected leave under FMLA, the Family and Medical Leave Act. Normally an absence over 3 to 5 days counts as FMLA. The employer can count paid sick leave or medical disability (or even workers comp leave) as FMLA, as long as the employee is notified at the beginning of leave, in writing, that it is FMLA.

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FMLA Law News Update Feb. 16

fmlalaw — Mon, 16 Feb 2009 23:28:54 +0000

BUSINESS BRIEFS
Coshocton Tribune – Coshocton,OH,USA
16, 2009, employers are now required to comply with the new FMLA (Family and Medical … FMLA was amended for the first time since it was enacted in 1993. …

Applegate resident battles on behalf of soldiers’ families
Mail Tribune – Medford,OR,USA
“But the general FMLA requirements render it meaningless for the majority of military family members,” she said, noting that includes active-duty spouses …

Oklahoma Business Almanac: Sunday February 15, 2009
NewsOK.com – Oklahoma City,OK,USA
Speaker: Charles Plumb on “The FMLA and ADA.” No cost. Contact: 470-3213. APICS, 6:30 pm, 1815 S Meridian Ave. Speaker: Bobby Taylor on “An Introduction to …

Oregon Biz Report » Change Is Coming Quickly For Employers in 2009
By admin
This year, employers have already had three major changes to deal with – significant FMLA changes, the passage of the Lilly Ledbetter Fair Pay Act, and a new U.S. Supreme Court decision that again expands the conduct protected by the …
Oregon Biz Report – http://oregonbizreport.com/

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FMLA Law News Update Weekend Edition

fmlalaw — Sun, 15 Feb 2009 14:17:27 +0000

When Military Employees Come Marching Home – And Into The Workplace
Perhaps now more than ever, it is important that employers fully understand the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and the new amendments to the Family Medical Leave Act (“FMLA”) and how they relate to their military employees’ rights. But for many, navigating these regulations is still unknown territory.

Complying with the Final FMLA Regulations (2-19)
Sioux City Journal – Sioux City,IA,USA
The final regulations to the Family and Medical Leave Act were published on November 17, 2008, and took effect January 16, 2009. This presentation will address some of the major changes to the FMLA, the introduction of several new prototype FMLA forms, the regulations addressing Military Family Medical Leave, and additional employer obligations under the FMLA moving forward.

» Long Term Disability Human Resource Blog
By Caitlin
We have an employee in California who took FMLA a couple of months ago for the birth of her child. This employee now wants to take a further leave due to stress and anxiety and has sent a form setting out that she will be applying for long term disability. We do not have at least 50 employees employed by the within 75 miles and she hasn’t worked 1250 hours since her last leave. As I understand it, we were not required to grant her the last leave. Are we required to grant her this leave? Can we hire a permanent replacement while she is on disability leave as we will lose clients and sales if the position is left open? What are our options?

The Federal Sector FMLA Blog: Employers Are Not Required to Provide Miranda-Like Warnings of Discipline if FMLA Protections Are Not Requested
In Knox v. City of Monroe, No. 07-606, 2009 U.S. Dist. LEXIS 1014, at *18 (W.D. La. Jan. 8, 2009), the court rejected the employee’s FMLA interference claims based on supervisor’s alleged failure to warn her that she could be fired for excessive absenteeism if she did not protect herself by requesting FMLA leave. The supervisor warned Knox that she could be disciplined if she continued to incur excessive absences. He also offered KnoxFMLA leave, which she specifically declined. The court opined that the supervisor “had no duty under the FMLA to threaten Knox with discharge, so that she could preemptively claim FMLA protection.”

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FMLA Law News Update Feb. 13

fmlalaw — Fri, 13 Feb 2009 16:16:23 +0000

Unum helping customers manage changes to FMLA law
MarketWatch (press release) – USA
Before the FMLA changes took effect in January, Unum hosted a two-hour webinar attended by 400 customers and other industry representatives to discuss the …

Washington Labor & Employment Wire » House Passes Amendment to FMLA for Airline Flight Crews
By Kelly Smith
The bill would expand FMLA coverage for flight attendants and pilots by rendering them eligible to receive the FMLA leave so long as they had worked or been paid for 60 percent of the “applicable monthly guarantee,” or the equivalent …
Washington Labor & Employment Wire – http://washlaborwire.com/

House Passes Bill Extending FMLA Protections To Flight Crews
Medical News Today (press release) – UK
Flight crews have been unable to access FMLA leave because of the unique way their work hours are calculated. Under FMLA, employees of certain companies who …

Local Business Report: College to host medical and family leave …
Vineland Daily Journal – Vineland,NJ,USA
… Federal and State Medical Leave Laws, Medical Issues and Opportunities Under ADA and FMLA and Creating and Administering a Leave of Absence Policy. …

State Labor department holds free seminar on family leave act
Danbury News Times – Danbury,CT,USA
There are 14 other states that have FMLA laws, so keeping current can be difficult for a multi-state employer, Soltis added. Having a federal and state law …

Attention attorneys! Advertise on fmla-law.com and get your message out. Advertising rates starting at $29.95 a month with 15% discounts for annual advertising packages. Inquire today.

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FMLA Law News Update Feb 11

fmlalaw — Wed, 11 Feb 2009 16:29:04 +0000

» FMLA Pay for Salaried Employees in South Carolina Human Resource …
In South Carolina if a salaried exempt level employee is using their 12 weeks of FMLA, how do you handle their pay? They are salaried employees so they are not paid on an hourly rate per say, do you just not pay them for the 12 weeks (barring any PTO time they choose to use) or do they continue to get paid as usual?
Human Resource Blog – http://www.humanresourceblog.com/

HR Daily Advisor – Practical Human Resource Tips, News & Advice …
By stevebruce
Medical Information Now Easier to Obtain: In the final rule, the Department of Labor (DOL) adopted a change that allows employers to contact the employee’s healthcare provider directly, but for two purposes only—clarification or authentication of the medical certification. Employers may not request additional information beyond what is included in the certification form.

Work-Life Balance Issues At Risk in the New Economy? :: Delaware …
By Adria B. Martinelli
Work-life issues have taken center stage in the first month of the country’s new administration. President Obama’s campaign platform included a specific “Plan to Support Working Families and Women,” and just a few weeks ago Michelle Obama appointed Jocelyn Frye, general counsel of the National Partnership for Woman and Families, as her Policy Director.

Washington Labor & Employment Wire » Family and Medical Leave …
By Kelly Smith
Core Provisions: This legislation would expand the Family Medical Leave Act (FMLA) in several ways. First, employees would be able to take additional leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities. Second, an employee could take FMLA leave to attend routine family medical needs and to assist elderly relatives.

HR Web Cafe:Crawford, Ledbetter, and FMLA
Compliance – Human Resource Executive offers part 1 of an overview of the new FMLA regulations. David Greenspan and Briton Nelson of Suits in the Workplace offer a detailed and helpful post on the new Employer Notice Requirements. They promise more information on other aspects of the new regulations in upcoming posts.

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FMLA Law News Update Feb. 10

fmlalaw — Tue, 10 Feb 2009 11:33:45 +0000

angiestrunkspeaks: FMLA Rule Amended
By Angie Strunk
The FMLA’s Quirkiest Rule—Perfect Attendance Awards—Is Gone: Probably the most bizarre rule of the old FMLA was the one that allowed employees to miss 12 weeks of work and still get a perfect attendance award. The final rule changes how perfect attendance awards are treated to allow employers to deny awards to an employee who does not have perfect attendance because he or she took FMLA leave (but only if the employer treats employees taking non-FMLA leave in an identical way).

Pregnant Pause: Eastern District of Michigan Misapplies Adoptive …
By Colin Miller
The recent opinion of the United States District Court for the Eastern District of Michigan in Huck v. Greenspan, 2009 WL 224682 (E.D. Mich. 2009), contains what I feel is a disastrous misapplication of the adoptive admission rule, with similarly disastrous results.

HR Daily Advisor – Practical Human Resource Tips, News & Advice …
By stevebruce
Intermittent Leave Now Requires “Reasonable Effort”: The new rule clarifies that employees who take intermittent FMLA leave have a statutory obligation to make a “reasonable effort” to schedule such leave so as not to unduly disrupt the employer’s operations. (Under the old rule, they just had to “attempt.”) That’s good news. Here are some other changes regarding intermittent leave:

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