FMLA, already a complex law, may soon get more so. Here’s a program that explains the law now and is designed to keep you informed about how it may differ in the future.
As yesterday’s Advisor story on the burgeoning “father-friendly workplace” movement illustrated, the pressure on business to allow employees greater work/life balance is growing.
But time off for parenting is only part of the trend. Washington State has now adopted a law calling for mandatory paid sick leave, and other states are considering similar statutes. Presidential candidates are outdoing one another calling for more time off for family-related reasons. And as you probably know, the U.S. Department of Labor is undertaking the first wide scale review of the federal Family and Medical Leave Act (FMLA) since the law’s enactment in 1993.
In this connection, so many comments were received by DOL … from employers, labor, social scientists, family rights groups, and individuals, that the comment deadline had to be extended. Now it’s only a question of time before DOL issues new rules. And with today’s “hot” political climate, there’s no way to forecast when that will happen or which way they will go.
All this confusion is heaped on the law’s original complexities … its vagueness on what constitutes a serious illness, its often insufficient notice provisions, its conflicts with other leave laws, and especially its intermittent leave rule, which some employees have used to flit in and out of work at times of their own choosing without fear of losing their jobs.
With this much change in the air, it’s vital that you, as an HR professional, stress that managers consult with you on any question involving leave. But what reference will you consult with?
We’d like to suggest that this is a great time to take a long, no-cost look at the BLR Family and Medical Leave Act Compliance Guide for these important reasons:
Try the Family and Medical Leave Act Compliance Guide at no cost for 30-Days. Click here.
First, it makes one of the nation’s most complex employment laws understandable. The book is written in plain English (as all BLR products are) and is packed with examples and common situations.
Second, it covers the law in sequence. Requests for leave are covered before maintaining benefits during leave. The next section covers return from leave, and that’s followed by extensive explanations of how to document and time-track leave against the federal 12-week maximum, once it’s occurred.
State Leave Laws Usually Predominate
Third, the program admirably handles the matter of state leave laws, which, as in the case of Washington State, are frequently more liberal than the federal FMLA. These laws can be hard to get a handle on as they are officially published in obscure state journals. But the FMLA Guide puts their provisions up right next to the federal and highlights the differences.
Fourth, the book delves into the nation’s other major leave law, the Americans with Disabilities Act, especially in how the ADA compares with the FMLA. The concept of “reasonable accommodation” under the ADA is explained … one of the first times we’ve seen that done in an understandable way. And then, in handy chart format, common situations are compared under the FMLA, ADA, and workers’ comp, as well.
Click to learn more about Family and Medical Leave Act Compliance Guide or try it free.
The book also goes further into the leave area, covering your requirements when an employee is called for jury duty, a mandated court appearance, or military service.
A final section includes all the materials needed to put a legal leave program into operation. These include mandatory posting notices in both English and Spanish, sample leave policies and reproducible ready-to-use forms for leave request, status while on leave, and time tracking.
And to keep up with all the expected changes, the initial purchase includes quarterly updates and an FMLA-focused newsletter, both at no extra cost.
The program is available for sample use in your offices for up to 30 days. There is no cost to try it or any obligation to buy it. We suggest you get a sense of it right now by clicking on the table of contents and product samples links below. Then click on the link to learn more or begin your no-cost trial.
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FMLA Questions Answered … Understandably!
There’s no more-easily understood reference to a complex law than BLR’s Family and Medical Leave Act Compliance Guide. Covers all aspects of the law through practical examples and with easy-to-read charts. Explains interaction with the ADA and workers’ comp. Includes needed forms and sample policies. Quarterly updates and newsletter included to keep up with predicted changes! Try it at no cost for up to 30 days! Learn more.
There is nothing mysterious or complicated about 90% of the FMLA. The rest just requires careful reading and consistency when applying it to all employees. Our regualtions around medically-related or maternity time off are nothing compared to the regs. in EU countires, so we in the US are fortunate.
States requiring some paid sick leave makes sense, and I will brace myself for all of the knee-jerk reactions from the anti-employee, pro-business groups that will follow, especially when they say the proposed regs. are so “confusing”. I would like to learn the paid sick policies covering each and every detractor of such modest legislation. A lobbyist is a lobbyist is a lobbyist.
I have to take issue with the discription of intermittent leave as an opportunity for “some employees to flit in and out of work at times of their own choosing.” The old 80/20 rule would say that there will be some abuse of any policy but in this case it harms the 80% who need to use the provision in the FMLA to address serious medical issues. I think that HR professionals and senior management have a tendency to turn a callus ear to real need because of the suspicion of abuse. That is why the FMLA and ADA regulations were necessary in the first place. It is not easy for an employee to ask for accomodation. Most would prefer to be able bodied and not draw attention to themselves. It is our responsibility to respond with understanding and respect – not with suspicion and negative judgement.