Tag: compliance

There’s little doubt that the most puzzling and frustrating trio in HR is FMLA, ADA, and Workers’ Compensation. In today’s Advisor, we’ll answer key questions about the overlapping of the three laws. What’s the main issue with the workers’ compensation, FMLA, and ADA overlap? If a worker is on leave because of a work-related injury […]

Much has been written about the Bermuda Triangle of Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but that’s not the only triangle that makes FMLA compliance tricky. Compliance gets even murkier when the ramifications of the Pregnancy Discrimination Act (PDA), ADA, and […]

No one likes dealing with the Family and Medical Leave Act (FMLA), but every HR manager is doing it. Barbara Dahlen’s approach has satisfied DOL and other agencies while at the same time significantly reducing FMLA time off. Take the case of "Bristol," says Dahlen, one of her employees who tried to wear her out. […]

It takes a lot of time and effort to deal with Family and Medical Leave Act (FMLA) issues, especially intermittent leave, says HR Manager Barbara Dahlen. Her pragmatic approach works, although she says she’s "not the most popular person" in her workplace. Dahlen says she’s "not a lawyer and doesn’t play one on TV." But […]

Once employees are certified for intermittent FMLA, the Monday-Friday absence pattern begins, and there’s nothing you can do, right? Not so, says HR Manager Barbara Dahlen. Yesterday’s Advisor featured Dahlen’s tips for managing intermittent leave abuse. Today, she tackles pattern absences. Dahlen, who manages HR at Bellefontaine Habilitation Center in St. Louis, asked her audience […]

Has anybody out there had problems with intermittent leave? HR manager Barbara Dahlen asked. Her audience’s response at the recent SHRM Annual Convention and Exposition in New Orleans was loud and long. “Oh, yes!” It took her a couple of years to figure things out, she says. “You can’t fix intermittent [leave] abuse overnight. But […]

Yesterday’s Advisor covered identifying and notifying "key employees" about reinstatement under the Family and Medical Leave Act (FMLA). Today we’ll look at their options after denial of reinstatement notification, and introduce a popular, recently updated FMLA resource. The key employee who has received notification that reinstatement after FMLA leave will be denied has two choices: […]

Confusion reigns over the status of "key employees" under the FMLA, what their reinstatement rights are, and what the employer’s notice requirements are. Today’s Advisor clears away the fog. Who is a Key Employee? A "key employee" is:   Salaried FMLA-eligible (meets service requirements of 12 months and at least 1250 hours) FMLA-covered (employer is […]

Yesterday’s Advisor offered “no grandparents” Family and Medical Leave Act (FMLA) tips from attorney Beverly Garofalo. Today, we give you more tips plus an introduction to BLR’s updated FMLA resource materials. What Can You Do About FMLA Malingerers? There are always malingerers, Garofalo says, employees who work the system. And just brace yourself, she says, […]

“Don’t try to be a ‘we’re one big family’ company and allow FMLA for grandparents,” says attorney Beverly Garofalo. “It will come back to bite you every time.” Garofalo, managing partner of the Hartford office of national employment law firm Jackson Lewis, delivered her remarks at a recent seminar sponsored by workforce management software supplier […]