Tag: compliance

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 […]

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 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 […]

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 […]

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 […]

In yesterday’s Advisor, we addressed the tricky issue of "Qualifying Exigency"; today we tackle the other half of the military FMLA tangle, servicemember caregiver leave, and we take a look at the "FMLA bible." An eligible employee is entitled to a total of up to 26 workweeks of leave during any single 12-month period if […]

"Qualifying exigency"—one of two types of military FMLA leave, and one of those great regulatory terms that gives the illusion of clarity but is hard to pin down in the real world. The FMLA allows qualified employees with family members actively or formerly in the military to take leave under two circumstances: qualifying exigency (we’ll […]

In yesterday’s Advisor, we tackled vexing FMLA questions on counting days and “critical roles” or “key employee” exceptions. Today, BLR’s editors take on more questions, and we introduce the FMLA “Bible.” Q. Are we required to approve FMLA leave for a father who would like to take up to 7 weeks to care for his […]

No sooner do we think we’ve got FMLA figured out than another baffling question comes along. Today’s Advisor takes a look at some vexing FMLA questions recently sent to BLR’s team of experts. Counting FMLA Time Q. Are we required to approve FMLA leave for a father who would like to take up to 7 […]

In yesterday’s Advisor, we looked at tricky issue of interactions between the FMLA, ADA, and workers’ compensation. Today, we cover the delicate question of light-duty work, and we explore a unique FMLA problem-solver. The question of light-duty or alternate work requirements bedevils HR managers faced with complying with three laws at once. Here are tips: […]