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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 […]
Managers find a number of ways to frustrate and aggravate HR, and FMLA restoration rules are the source of many of them. “I’ll keep the temp” is one of the most common challenges HR managers face “I’ll Keep the Temp” Here’s what happens: The manager’s employee goes out on FMLA leave. You provide a replacement, […]
by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]
Jury duty leave seems like an easy one, but anything that involves questions about who gets paid and who doesn’t is not so easy. In yesterday’s Advisor we talked about the legal issues surrounding jury duty and appearance as a witness; today, we’ll look at key policy considerations, and get an introduction to the “Employee […]
In yesterday’s Advisor, we featured examples of state and federal family and medical leave (FML) interactions. Today, we’ll look at some critical considerations plus take a look at the “FMLA Bible.” Here are today’s major considerations regarding interplay between state and federal FML law: Intermittent Leave Many of the state FML laws do not provide […]
If your state has its own family and medical leave (FML) law, in some circumstances employees may be able to take both leaves, one after the other, and there’s nothing you can do about it. To deal with federal/state family leave issues, the first step is to determine which laws apply to you as a […]
In yesterday’s Advisor, we covered workers’ compensation and the FMLA; today, it’s the ADA, plus an invitation to a special webinar on terminating workers’ compensation claimants. Again with a nod to HR.BLR.com, here are the key factors for managing employees who are out on workers compensation and qualify as a person with a disability under […]
Most HR managers have most workers’ comp challenges in hand, but there are few who are confident that they’ve figured out the intricacies of comp’s interplay with the FMLA and the ADA. We’ll go to HR.BLR.com for help. If the reason a worker is out for work injury would otherwise qualify for a leave under […]