Tag: compliance

Many employers want a fitness for duty certification when employees return from FMLA leave, especially for those “certain employees.” You can require a certification, but not just for certain employees, and not without carefully following several procedural steps. First of all, the law says that as a condition of restoring an employee who has been […]

If you find that one of your employees out on FMLA is working for someone else, can you fire the person? “It depends,” attorney Jeff Wortman says, smiling as he utters the standard attorney response. Wortman’s remarks came at BLR’s National Employment Law Update, held recently in Las Vegas. He is a partner with Seyfarth […]

Employment Law Guide in Your State — 2011 Are you ready for 2011? The most up-to-date version of BLR’s Employment Law Guide—In Your State is now available. It pulls together all the federal and state laws you need to know about to stay in compliance. The guide includes all changes that federal legislators and regulators […]

FMLA and ADA: well intentioned but the devil to administer. In yesterday’s Advisor, attorney Susan Fahey Desmond covered job protection under FMLA and ADA; today, job restoration, light duty, and undue hardship, and an introduction to the “FMLA Bible.” Desmond’s remarks came at the recent BLR National Employment Law Update in Las Vegas. She is […]

The key to untangling ADA and FMLA and workers’ compensation is understanding obligations under each statute, says attorney Susan Fahey Desmond. And then, if the laws conflict or are applied simultaneously, you grant the greater benefit and provide the greater protection. Desmond’s remarks came at the recent BLR National Employment Law Update in Las Vegas. […]

In yesterday’s Advisor, we featured Judge Denny Chin’s example of how a seemingly easy-to-win case can go wrong. Today, his tips for avoiding lawsuits and an introduction to the unique one-stop solutions center for HR managers. The Honorable Denny Chin, former U.S. District Court Judge, and now Court of Appeals judge, made his remarks at […]

You’ve got exposure in court even when you think your behavior has been legal, says the Honorable Denny Chin, former U.S. District Court Judge, now Court of Appeals judge. In today’s issue, he shares with HR managers the perspective from the bench. Picture this, Chin says. You were involved in a termination that led to […]

In yesterday’s Advisor, we covered the issue of in loco parentis for employees wanting FMLA leave to care for a son or daughter. Today, the other direction—when an employees want leave to care for the person who stood in loco parentis for them, plus an introduction to the "FMLA Bible." FMLA Definition of ‘Parent’ For […]

Who’s a son or daughter under FMLA? Not as easy a question as it might appear to be. And the flip side—who’s a parent is equally murky. Fortunately, the DOL’s Wage and Hour Division (WHD) has clarified the situation somewhat. It’s not that hard to determine family relationships when there’s a biological or legal relationship, […]

In yesterday’s Advisor, we discussed the common issue of “I don’t want to take back the person on FMLA; the temp is much better.” In today’s issue, some job restoration scenarios, and an introduction to the “FMLA Bible.” FMLA Restoration Example 1 John is a bank teller. He works at a bank branch 20 miles […]