Practical HR Tips, News & Advice. Updated Daily.
December 17, 2010 Determining whether an employer has 50 employees for purposes of the FMLA can be complex. As you are aware, under the FMLA regulations, an employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day […]
November 29, 2010 As a general rule, employers are not required to provide any non-health plan benefits to employees on FMLA leave, (such as holiday pay) unless such benefits are provided to employees on non-FMLA leave (29 C.F.R. 825.209). The U.S. Department of Labor addressed your question in an Opinion Letter that can be viewed […]
In yesterday’s Advisor, we covered FMLA fitness-for-duty certifications and offered a handy form for requesting the certifications. Today, two more FMLA forms plus an introduction to the “FMLA Bible.” FMLA is never going to be easy, but with forms ready to go for most FMLA situations, you can make it a little easier. Here are […]
Many employers want a fitness for duty certification when employees return from FMLA leave, especially for those “certain employees.” You can require a certification, but not just for certain employees, and not without carefully following several procedural steps. First of all, the law says that as a condition of restoring an employee who has been […]
Yesterday’s CED offered tips about giving references. Today’s we look at tips for handling other types of requests, such as subpoenas and financial data, again courtesy of BLR’s SmartPolicies program.
Yesterday, we looked at a question from the CED mailbag involving the use of accrued paid time off during family leave. Today, the answer to another leave-related question, as well as the introduction of a comprehensive resource you won’t want to be without.
From the CED mailbag: Can you require employees to use accrued paid time off while receiving SDI or PFL if they are on FMLA leave? We’ll explain the rules below.
If you find that one of your employees out on FMLA is working for someone else, can you fire the person? “It depends,” attorney Jeff Wortman says, smiling as he utters the standard attorney response. Wortman’s remarks came at BLR’s National Employment Law Update, held recently in Las Vegas. He is a partner with Seyfarth […]
It may soon be easier for employees to find private legal representation after the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) declines to pursue their Fair Labor Standards Act (FLSA) or Family and Medical Leave Act (FMLA) claims. This is thanks to a new collaboration between the WHD and the American Bar […]
The federal Department of Labor has launched a new “Bridge to Justice” program that connects workers with legal beefs to local attorney referral networks. The program launches today. In the words of the DOL: