Tag: compliance

Workers’ Comp Meets the ADA: A Rock and a Hard Place

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 […]

WC, FMLA, ADA: The Bermuda Triangle of HR

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 […]

Holidays, OT, and the 12-Month Choice

FMLA hassles never seem to end. Some of the most confusing issues revolve around holidays, overtime, and the 12-month method. Today’s Advisor will clarify these tricky points. What Happens When a Holiday Occurs During FMLA Leave? The fact that a holiday may occur within the week taken as FMLA leave has no effect, and the […]

FMLA: Experts Answer Some ‘Easy’ FMLA Questions

FMLA leaves should be routine by now, but the exasperating questions keep cropping up, don’t they? In today’s Advisor, some of the tricky questions BLR®’s editors have tackled, and an introduction to an FMLA program that will help you answer all your FMLA questions. Can an employee take FMLA for a critically ill grandchild (or […]

FMLA: Who’s an ‘Employee,’ and How Far Is 75 Miles?

Yesterday’s Advisor hit the first two prongs of the FMLA eligibility test. Today, we’ll cover the "50 employees within 75 miles" prong and we’ll get an introduction to the popular "FMLA Bible." The third part of the three-prong test for employee eligibility (go here for the first two prongs) has nothing to do with the […]

FMLA: The ‘Simple’ Three-Prong Test Isn’t

There’s supposed to be a simple three-prong test for FMLA eligibility, but it’s not simple—and there are four prongs. The first prong, which isn’t usually mentioned, is that the person has to be on the payroll. The person can be part-time or full-time, but he or she has to be on the payroll. Once that […]

What, That Was a Request for FMLA?

Biggest Failure The biggest problem with FMLA is frontline supervisors who have heard clear notice of the need for FMLA, but who didn’t understand what it meant or what to do, says Attorney Tam Yelling Training is, of course, the answer. Supervisors and managers need to be trained that requesters don’t need to use any […]

FMLA Was My Favorite (When I Was a Plaintiffs’ Lawyer)

“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says Attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers. Yelling says that understanding the Family and Medical Leave Act (FMLA) is simple: Two sentences sum up what employers need to do. Of course, Yelling has […]

Boot Camp for HR Managers Bugged by FMLA

In yesterday’s Advisor, we covered the first two legs of FMLA eligibility. Today we address the third leg, FMLA and substance abuse, and provide notice of a unique FMLA Boot Camp webinar. Once employees have meet the 12 months and 1,250 hours requirements [go here for that discussion], FMLA also requires that they work at […]

#1 on the HR Hassle Hit Parade—FMLA

The Family and Medical Leave Act (FMLA) continues to befuddle, annoy, and distract every HR manager. In today’s Advisor, explanations of the most confusing aspects of leave management. The number one FMLA question involves eligibility for leave. "Twelve months and 1,250 hours" should be the clearest of guidelines, but it’s not quite so simple. Let’s […]