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.

FMLA: Substance Abuse? Holidays? Multiple SHCs?

FMLA just won’t get easier. It seems that every request for FMLA has some new twist. Today, we’ll unravel a few twisted misconceptions your managers and supervisors may have. In yesterday’s Advisor, we busted some myths concerning FMLA leave. Today, some of the thorniest questions readers ask, plus an introduction to the “FMLA Bible.” Do […]

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FMLA—Myths and Misconceptions

FMLA just won’t get easier. It seems that every request for FMLA has some new twist. Today, we’ll unravel a few twisted misconceptions your managers and supervisors may have. You probably know about these issues, but your managers and supervisors probably do not. Best way to get their attention? Remind them that under the FMLA, […]

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New IRS Guidance: Pay and Benefits During Military Leave

This content was originally published in April 2010. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Although the number of military service members called to active duty has decreased somewhat, many American men and women in the National Guard and reserves continue to receive the […]

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Retroactive FMLA Leave Designation: Proceed with Caution!

This content was originally published in April 2010. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. If an employer fails to tell an employee that leave has been designated as FMLA leave, can the employer count the leave against the employee’s FMLA leave entitlement? The […]

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Train Managers on FMLA Basics Before Terminating an Employee

This content was originally published in April 2010. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. During training, make sure managers and supervisors understand the importance of documentation and consulting with HR before terminating an employee. In a recent court case, an employer had documentation […]

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2010 Changes Affecting FMLA, Families, and Paid Leave

This content was originally published in April 2010. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. As the new decade begins, so do more changes to the FMLA, childcare incentives, and paid leave initiatives in Congress. These changes will impact not only the ways in […]

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Ask the Expert: Can an employee take FMLA leave to go to a hypnotist if his doctor recommends this to help him quit smoking?

January 7, 2011 It is unlikely that the FMLA would cover leave for hypnosis as part of a program to quit smoking. First, smoking is not an underlying serious health condition. The definition of a “serious health condition” includes an illness, injury, impairment, or physical or mental condition that involves either inpatient care (i.e., an […]

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Ask the Expert: A few years ago, we hired our 50th employee and updated the handbook to include FMLA. We just went down to 49 employees. Do we update the handbook again?

December 17, 2010 Determining whether an employer has 50 employees for purposes of the FMLA can be complex. As you are aware, under the FMLA regulations, an employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day […]

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Ask the Expert: Our policy says you must work the day before and the day after a holiday to receive holiday pay. What if an employee is on FMLA before or after a holiday?

November 29, 2010 As a general rule, employers are not required to provide any non-health plan benefits to employees on FMLA leave, (such as holiday pay) unless such benefits are provided to employees on non-FMLA leave (29 C.F.R. 825.209). The U.S. Department of Labor addressed your question in an Opinion Letter that can be viewed […]

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FMLA-FLSA-ERISA: Another Bermuda Triangle?

In yesterday’s Advisor, we entered the Bermuda Triangle of HR—the dangerous waters where the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) intersect. Today, we’ll see what the Employee Retirement Income Security Act (ERISA) and Fair Labor Standards Act (FLSA) have to do […]

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