Tag: compliance

What Do the FMLA Changes Mean for You?

The long-awaited revisions to the Family and Medical Leave Act (FMLA) take effect on January 16, 2009. Here’s a look at some key provisions—and at an audio conference this Friday that will help you make sense of it all. The Department of Labor (DOL) says that many of the FMLA revisions were designed to clarify […]

New York’s Disposal of Personal Records Law Amended

On September 5, 2008, New York Governor David A. Paterson signed into law Bill No. A10625, which amends New York’s General Business Law. Effective immediately, the amendment clarifies who must abide by New York’s Disposal of Personal Records Law, which relates to the disposal of records containing personal identifying information. Personal identifying information consists of […]

Taming Intermittent Leave FMLA (Ha, Ha, Says Expert)

“Let’s talk about how to handle abuse of intermittent leave rules,” says attorney Jeffrey A. Wortman. Then he chuckles, underscoring the near impossibility of easily managing intermittent leave under the FMLA. Wortman, a partner in the Los Angeles office of Seyfarth Shaw LLP, and Nancy M. Cooper a partner in the Portland, Oregon, office of […]

Managing FMLA–‘It’s a Nightmare’

Ask most HR managers what their biggest headache is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem. And FMLA is also widely abused. However, the good news is that abuse can be tamed to some extent, say attorneys Jeffrey A. Wortman and Nancy M. Cooper. […]

Is Bizarre Behavior ‘Notice’ for FMLA Purposes?

If an employee openly asks for Family and Medical Leave (FMLA) time off, that’s an easy call to make. But how about bizarre behavior? Does that constitute “notice” of the need for leave? And if so, wouldn’t any misbehavior be notice? Our expert sorts it out. Roy A. Ginsburg, a partner at Dorsey & Whitney […]

FMLA Medical Certification: What You Can and Can’t Get Out of It

There’s not much more annoying than FMLA medical certification. You finally get the employee to turn it in, and it’s useless: “May need to stay home sometimes” or “Employee shouldn’t lift too much.” What to do! In Yesterday’s Advisor, we talked about new challenges posed by the FMLA. Today we tackle one of the most […]

New Requirements Without Regs and Regs Without Requirements

As if it weren’t enough of a hassle, FLMA’s just gotten messier. The feds have added “servicemember family” leave—but without the regulations needed to administer it—and “qualifying exigency” leave—not required but “encouraged.” Here’s what you need to know. The Family and Medical Leave Act (FMLA), already HR’s least favorite law, has just gotten more so. […]

FMLA Fraud: How to Detect and Deal with It

In the last Advisor, we looked at one expert’s remedies for FMLA headaches. Today we look at her suggestions for dealing with FMLA fraud, and at a new audio conference that deals with FMLA’s most-abused provision—intermittent leave. Although most employees use FMLA leave appropriately, says Beverly Kish, there are always going to be some who […]

There Are Headaches, There Are Migraines, and Then There Are FMLA Headaches

Although proposed changes to the FMLA may alleviate some of the pain, FMLA headaches will not go away anytime soon. Today’s expert shares some workplace-tested remedies. Family and Medical Leave Act (FMLA) management isn’t such a headache if you work out your policies carefully, publicize them to employees, and enforce them consistently, says Beverly Kish, […]

When Must Employers Comply with New FMLA Leave Requirements?

Update: New FMLA regulations issued by DOL on November 14, 2008 The recently enacted military family leave grants two new types of Family and Medical Leave Act (FMLA) leave to the relatives of military personnel. In short, the law requires employers to provide: 12 weeks of leave to employees who have a spouse, parent, or […]