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In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding the limitations and eligibility of the federal Family and Medical Leave Act (FMLA) coverage when providing care to adult children. Q: An employee’s adult son is having […]
When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case.
by Lisa Berg Although it was enacted more than 20 years ago in 1993, the federal Family and Medical Leave Act (FMLA) still presents numerous challenges for employers. Even the most adept and experienced HR professionals make mistakes when administering FMLA leave. In light of changes in the U.S. Department of Labor’s (DOL) FMLA regulations […]
We have an employee who has been out on Short Term Disability since the end of June. She does not currently qualify for FMLA since she has not been an employee for 12 months. However, her 1-year (12-month) anniversary is coming up in October. If she is still out on STD at that time, will […]
We’re trying to determine whether we need to include owners in the when deciding if we fall under FMLA. We have 3 owners who are not in payroll (K-1) and 48 employees in payroll (W-2). Do owners count as employees for FMLA?
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks for leave during any 12-month period in order to care for a spouse, son, daughter, or parent with a serious health condition—or for a serious health condition of their own. But what constitutes a “serious health condition” under the […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the new definition of spouse under the FMLA. Now we’ll look at documenting family relationships and its impact on the FMLA.
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the third area of the three-prong test used to determine FMLA eligibility, the minimum worksite requirement. However, how do you handle FMLA eligibility for temporary workers? Let’s have a look.
by James J. Rooney and Kerry Langan The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has released a 16-page guide to the Family and Medical Leave Act (FMLA) designed to make the law more accessible to employees. The publication, titled “Need Time? The Employee’s Guide to The Family and Medical Leave Act,” […]
The Obama administration is proposing expanded leave provisions under the Family and Medical Leave Act (FMLA) for military families. The proposed rule would extend the entitlement of military caregiver leave to family members of veterans for up to five years after the veteran leaves the military. At the present time, the law covers family members […]