Family Leave: A Favorite of Plaintiffs’ Lawyers
“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers.
Tag: Leave Management
Holidays, OT, and the 12-Month Choice
FMLA hassles never seem to end. Some of the most confusing issues revolve around holidays, overtime, and the 12-month method. Today’s Advisor will clarify these tricky points. What Happens When a Holiday Occurs During FMLA Leave? The fact that a holiday may occur within the week taken as FMLA leave has no effect, and the […]
DOL Expands Family Leave for Same-Sex Parents
by Julie K. Athey The U.S. Department of Labor (DOL) has released a new “administrative interpretation” (AI) that clarifies the circumstances in which an employee may take leave to care for a child for whom they act as a parent but aren’t legally recognized as such. As has been pointed out in numerous press reports […]
DOL Says Employees May Take FMLA Leave When Domestic Partner Gives Birth or Adopts
The U.S. Department of Labor (DOL) is expected to issue guidance on Wednesday that will grant expanded Family and Medical Leave Act (FMLA) rights to gay and lesbian employees. The development, however, may not be as dramatic as it sounds. Initial overnight reports made it appear that the Obama administration was expanding the FMLA to […]
Migraine, or FMLA Headache?
Management of leaves under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) isn’t such a headache if you work out your policies carefully, publicize them to employees, and enforce them consistently, says Beverly Kish, SPHR. Kish is director of Human Resources at National Flight Services.
FMLA: Experts Answer Some ‘Easy’ FMLA Questions
FMLA leaves should be routine by now, but the exasperating questions keep cropping up, don’t they? In today’s Advisor, some of the tricky questions BLR®’s editors have tackled, and an introduction to an FMLA program that will help you answer all your FMLA questions. Can an employee take FMLA for a critically ill grandchild (or […]
FMLA: Who’s an ‘Employee,’ and How Far Is 75 Miles?
Yesterday’s Advisor hit the first two prongs of the FMLA eligibility test. Today, we’ll cover the "50 employees within 75 miles" prong and we’ll get an introduction to the popular "FMLA Bible." The third part of the three-prong test for employee eligibility (go here for the first two prongs) has nothing to do with the […]
FMLA: The ‘Simple’ Three-Prong Test Isn’t
There’s supposed to be a simple three-prong test for FMLA eligibility, but it’s not simple—and there are four prongs. The first prong, which isn’t usually mentioned, is that the person has to be on the payroll. The person can be part-time or full-time, but he or she has to be on the payroll. Once that […]
What, That Was a Request for FMLA?
Biggest Failure The biggest problem with FMLA is frontline supervisors who have heard clear notice of the need for FMLA, but who didn’t understand what it meant or what to do, says Attorney Tam Yelling Training is, of course, the answer. Supervisors and managers need to be trained that requesters don’t need to use any […]
FLSA Recordkeeping, FMLA Rule Revisions Planned for Later This Year
This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives. The agenda priorities for the Division in the Spring agenda include […]