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 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 […]

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, […]

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 […]

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 […]

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. […]

Two 26-Week FMLA Leaves Back to Back? Seriously?

In yesterday’s Advisor, we covered the tricky questions around certification for FMLA military caregiver leave. Today, doubling up on military caregiver leave, and an introduction to the best-selling “FMLA Bible. May an employee take back-to-back military caregiver leave for more than one seriously injured or ill servicemember? Yes. By regulation, military caregiver leave is a […]

SHRM Promotes New Workplace Flexibility Policy

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. In late spring, the Society for Human Resource Management (SHRM) launched a comprehensive public policy campaign to promote workplace flexibility. As part of this campaign, SHRM is proposing a […]

EEOC Issues Best Practices for Workers With Caregiving Responsibilities

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. The U.S. Equal Employment Opportunity Commission (EEOC) has created a list of best practices to avoid discrimination against workers with caregiving responsibilities. The document, Employer Best Practices for Workers […]