Tag: FMLA

Ways Employers Can Reduce Workers’ Comp Costs

The gloom of our current economic circumstances should inspire everyone to look for ways to cut costs and streamline operations. One place businesses can start might be the administration of their workers’ compensation program, where expenses can rapidly get out of hand if employers aren’t careful. Here’s a brief checklist of things to look for. […]

Using Surveillance to Investigate Workers’ Suspicious FMLA Medical Claims

Employers face a real challenge in meeting client and customer needs when staff members take time off work under the Family and Medical Leave Act (FMLA) or ask for extensive disability accommodations under the Americans with Disabilities Act (ADA). But what’s already a difficult situation can become downright aggravating when you have reason to believe […]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

by John Vering On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus far in 2008, payroll employment has […]

‘Willful’ Violations under FMLA Clarified

by Alyssa Yatsko Under the Family and Medical Leave Act (FMLA), an employee has two years from the date of an FMLA violation to file a lawsuit against his employer. If the violation was “willful,” however, the employee has three years to file the lawsuit. Up until now, the Tenth U.S. Circuit Court of Appeals […]

What’s an FMLA ‘Qualifying Exigency’?

by Robert P. Tinnin, Jr. Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently had an employee […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

When FMLA and Holidays Collide

(Updated Jan. 11, 2010) A case of first impression! While those words may mean little to you, dear readers, rest assured that when the First U.S. Circuit Court of Appeals issues a decision interpreting specific provisions of the Family and Medical Leave Act (FMLA) for the first time, we leap for joy — especially since […]

Employers May Challenge Suspicious FMLA Leave Requests

by Kara Shea The following case provides some hope for employers that find themselves continually dealing with suspicious leave requests under the Family and Medical Leave Act (FMLA). It shows that you don’t have to accept a medical certification form at face value. HR Guide to Employment Law: A practical compliance reference manual covering 14 […]

What To Do When the FMLA Lights Come Up

You’re sitting in your favorite HR juke joint, crying into your beer over the pain and heartache your employees have caused you this week. After a few cold ones, solving the world’s HR problems begins to look simple. Then, as you near that moment of perfect clarity, the lights come up and the bartender shouts, […]

HR Audit: A Measure of Success

Not unlike an annual employee performance evaluation, an HR or employment law audit provides an objective means to measure the effectiveness of HR functions with respect to productivity, efficiency, and morale, among others. As a risk-management tool, an audit can identify obsolete or ineffective practices and flag compliance issues. In fact, employment practices liability insurance […]