Category: Leave Management, Policy, and Compliance

Managing employee leave is one of HR’s most annoying (and thankless) tasks. First of all, there’s the federal FMLA, which is notoriously difficult to manage, and commonly gamed by employees. Stack on top of that state leave laws that usually conflict with the plus various pregnancy and disability laws. And then there’s the plethora of other types of leave like bereavement, jury duty, and military leave, each of which has its own quirks and challenges. This topic explores this in depth.

A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]

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The Bonus FMLA Cover Letter & Abuse Curtailer

Keep the FMLA documentation flowing, says attorney Stacie Caraway—You want to be able to show multiple times that you advised the employee of his or her obligations. If you use a cover letter with your DOL designation notice, Caraway suggests it include the following: Leave status update/reminder. If planned intermittent FMLA leave is being approved […]

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FMLA— HR’s Own Personal Migraine

FMLA—HR’s own personal migraine. (Migraine people, says attorney Stacie Caraway, may have terrible headaches, but never so bad that they don’t know exactly how many days and hours of FMLA they have left.) Successful management of FMLA is very much about careful attention to forms and schedules. In today’s Advisor, Caraway offers tips for getting […]

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Feds Consider Requiring Contractors to Meet 7% Hiring Goal for Workers With Disabilities

Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8.  DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]

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These Policy Entries Make FMLA Manageable

In yesterday’s Advisor, attorney Stacie Caraway covered requirements for FMLA policies. Today, more recommended policy requirements, plus an introduction to a special checklist-based audit system for HR departments. Caraway is a member of Miller & Martin PLLC in Chattanooga, Tennessee. Her remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville.  [Go here […]

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EEOC Receives Record Number of Discrimination Complaints

Employees filed a record number of discrimination charges with the U.S. Equal Employment Opportunity Commission this year, according to a report released by the enforcement agency. The 99,947 charges received account for all claims of discrimination based on race, sex, national origin, religion, age and disability, as well as claims filed under the Equal Pay […]

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Must-Haves for Your FMLA Policy

There’s not much in HR as frustrating as dealing with FMLA leaves. And the new military leave requirements have made it all the more complex. How to cope? Start with a clear and thorough policy, says attorney Stacie Caraway. Communication is the Key Caraway reminds employers that communicating these rules is key to successfully managing […]

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Staffing Agency Forced to Pay $30K After Refusing to Provide Alternative Drug Testing Method to Disabled Applicant

An Irving, Texas-based staffing company will pay $30,000 and furnish other relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC sued G2 Secure Staff, LLC in September 2011, charging that the company unlawfully refused to accommodate a disabled applicant who needed an […]

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Census Bureau: Most First-Time Working Mothers Receive Paid Leave

Employers are increasingly likely to provide paid leave to working mothers, new Census data suggests. The U.S. Census Bureau report,  released in early November, doesn’t look directly at employer policies. Rather, it analyzes trends in women’s work experience before their first child, identifies their maternity leave arrangements before and after the birth and examines how rapidly […]

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