Tag: Leave Management

Recouping FMLA Premiums—Legal, But Not Necessarily Easy

When an employee fails to return from FMLA leave, for at least 30 calendar days, the employer may demand payment of its share of the health premiums paid during the leave. However, that may not be easy, and it may not be sensible. Most state wage and hour laws do not permit an employer to […]

Pregnancy and Discrimination: Are Your Practices Compliant?

Pregnancy and Discrimination: Are Your Practices Compliant? Most employers know that pregnancy and discrimination do not mix. But unfortunately it still occurs too often, though not always intentionally. According the Bureau of Labor Statistics, nearly half of the U.S. workforce is comprised of women, and out of that group, roughly 80 percent are or will […]

Healthcare Premiums During Leave—FMLA Hassle #12

For guidance, we consulted BLR’s Family and Medical Leave Act Compliance Guide, which states: Employers who provide group healthcare coverage typically require employees to pay a portion of the premium for the health plan, typically collected by the employer through an authorized payroll deduction. An employee on FMLA leave is required to make that same […]

8 Practical Suggestions for Managing FMLA Leave

How do you manage FMLA leave requests while both minimizing employee misuse and avoiding retaliation claims? It’s not always simple to juggle FMLA leave requests with all of your existing HR policies. In a BLR webinar titled "The New Leave Compliance: How to Master FMLA, ADA, and Workers’ Comp Overlap," Marylou V. Fabbo outlined some […]

Five Steps to Eliminating FMLA Fraud and Abuse

Yesterday’s Advisor featured attorney Susan Schoenfeld’s tips for reducing FMLA abuse and fraud; today, five strategies that work, plus an introduction to the guide we call The FMLA Bible.” Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications, offers five strategies for reducing FMLA abuse in your organization. 1. Make Training […]

Rooting Out FMLA Fraud and Abuse—Doable with Diligence

FMLA with cooperative employees is hassle enough, but the challenges compound when employees abuse the system, says Susan Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications. One of the biggest frustrations for employers is trying to deal with an employee who appears to abusing FMLA leave, says Schoenfeld. Fortunately, there […]

Exceptions to the Reinstatement Obligation

Yesterday, we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule.

Watch Out for Military-Leave Bias

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

Retaliation Claims: So Common, and So Stupid

Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act.