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.

Pregnancy and Discrimination: Are Your Practices Compliant?

Pregnancy and Discrimination: Are Your Practices Compliant? Most employers know that pregnancy and discrimination do not mix. But unfortunately it still occurs too often, though not always intentionally. According the Bureau of Labor Statistics, nearly half of the U.S. workforce is comprised of women, and out of that group, roughly 80 percent are or will […]

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8 Practical Suggestions for Managing FMLA Leave

How do you manage FMLA leave requests while both minimizing employee misuse and avoiding retaliation claims? It’s not always simple to juggle FMLA leave requests with all of your existing HR policies. In a BLR webinar titled "The New Leave Compliance: How to Master FMLA, ADA, and Workers’ Comp Overlap," Marylou V. Fabbo outlined some […]

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Five Steps to Eliminating FMLA Fraud and Abuse

Yesterday’s Advisor featured attorney Susan Schoenfeld’s tips for reducing FMLA abuse and fraud; today, five strategies that work, plus an introduction to the guide we call The FMLA Bible.” Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications, offers five strategies for reducing FMLA abuse in your organization. 1. Make Training […]

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Rooting Out FMLA Fraud and Abuse—Doable with Diligence

FMLA with cooperative employees is hassle enough, but the challenges compound when employees abuse the system, says Susan Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications. One of the biggest frustrations for employers is trying to deal with an employee who appears to abusing FMLA leave, says Schoenfeld. Fortunately, there […]

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Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

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How to Implement a Workplace Breastfeeding Policy

The letter of the law may only require employers to extend breaks and access to a lactation room to eligible employees on an as needed basis, but many companies are taking a proactive approach and looking to implement policies that will boost employee retention. According to Eileen Shue, vice president of corporate resources for the […]

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March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]

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At EEOC’s Request, 7th Circuit May Reconsider ‘Reassignment’ Case

A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]

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Work from Home Is Not FMLA Leave

Yesterday’s Advisor offered guidance for several tricky FMLA situations; today, again turning to the “FMLA Bible” for help, we cover FMLA and home work, FMLA and overtime, and state FMLA laws. Work at Home During FMLA Leave Frequently, an employee who is physically unable to come to work will perform some work for the employer […]

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As Servicemembers Return to the Workforce, EEOC Reminds Employers of Accommodation Responsibilities

As large numbers of veterans return from Iraq and Afghanistan, employers must remember that their disability accommodation responsibilities have increased in recent months, the Equal Employment Opportunity Commission said in releasing new guidance Tuesday. The commission updated its Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers which explains how protections for […]

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