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.

Employee Failure to Complete FMLA Forms

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Can employees’ failure to complete FMLA paperwork doom their FMLA claim? According to a 7th Circuit Court of Appeals decision, the answer is yes. What happened: While working full-time […]

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Employment Enforcement Agencies Under New Management

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Not surprising, President Obama’s picks to head agencies such as the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB) […]

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Who Gets Access to FMLA Confidential Medical Records?

There are clear rules for segregating medical records from other personnel records and limiting access. If people are not trained, it’s easy (and expensive) to let records get into the wrong hands. Medical records related to FMLA leave must be kept in files separate from other personnel and personnel-related records. Medical records must be treated […]

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FMLA Recordkeeping—Almost Like FLSA?

Unbeknownst to many practitioners, the FMLA has substantial recordkeeping requirements. Fortunately, most employers are already maintaining some of these records to satisfy FLSA and DOL requirements. Specifically, the FMLA requires that covered employers maintain the following records for a 3-year period: 1.Basic payroll information and identifying employee data, including Name Address Occupation Rate or basis […]

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The FCRA Dance—Steps Are Easy, Mastery Hard

“To avoid employee problems, avoid problem employees,” says attorney Lester Rosen. That means background checks, and that means engaging in the delicate dance of FCRA. FCRA (Fair Credit Reporting Act) is a bit of a misnomer, says Rosen, because it’s not limited to credit reports—it also covers other information employers want, including public records, employment, […]

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FMLA Limited When Spouses Work for You? Yes and No

When both husband and wife work for the same employer, sometimes leave is limited to 12 weeks between the spouses, and sometimes they both get 12 weeks of leave. Today, we let the “FMLA Bible” sort it out. When Leave Is Limited When two spouses work for the same employer, the amount of FMLA leave […]

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Intermittent FMLA—Top HR Headache?

Intermittent leave under the FMLA—#1 headache of HR managers year after year. But you can’t escape it. Today’s Advisor gets into the details of variable schedules and part-timers. What’s an Hour? The first step in dealing with reduced and intermittent leave under the FMLA is to calculate how many “hours” of leave an employee is […]

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Decoding the FMLA’s ‘Family Tree’

This content was originally published in July 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. When it comes to FMLA administration, who qualifies as a “child,” a “father,” or a “parent” now depends on the type of FMLA leave being requested. To help you […]

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IRS Issues Ruling on Differential Pay During Military Leave

This content was originally published in July 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Employers managing leave issues for employees in the military now have more definitive guidance from the Internal Revenue Service (IRS) on how to handle taxation of differential military pay. […]

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Military Caregiver Certification—Almost the Same, But Not Quite

There are a lot of new twists to FMLA thanks to the new military caregiver leave. In today’s Advisor, we tackle the quirks in certification requirements. May we require certification for taking military caregiver leave? Yes. When leave is taken to care for a covered servicemember with a serious injury or illness, an employer may […]

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