Tag: leave policy

The key to untangling ADA and FMLA and workers’ compensation is understanding obligations under each statute, says attorney Susan Fahey Desmond. And then, if the laws conflict or are applied simultaneously, you grant the greater benefit and provide the greater protection. Desmond’s remarks came at the recent BLR National Employment Law Update in Las Vegas. […]

In yesterday’s Advisor, we featured Judge Denny Chin’s example of how a seemingly easy-to-win case can go wrong. Today, his tips for avoiding lawsuits and an introduction to the unique one-stop solutions center for HR managers. The Honorable Denny Chin, former U.S. District Court Judge, and now Court of Appeals judge, made his remarks at […]

You’ve got exposure in court even when you think your behavior has been legal, says the Honorable Denny Chin, former U.S. District Court Judge, now Court of Appeals judge. In today’s issue, he shares with HR managers the perspective from the bench. Picture this, Chin says. You were involved in a termination that led to […]

In yesterday’s Advisor, we covered the issue of in loco parentis for employees wanting FMLA leave to care for a son or daughter. Today, the other direction—when an employees want leave to care for the person who stood in loco parentis for them, plus an introduction to the "FMLA Bible." FMLA Definition of ‘Parent’ For […]

Who’s a son or daughter under FMLA? Not as easy a question as it might appear to be. And the flip side—who’s a parent is equally murky. Fortunately, the DOL’s Wage and Hour Division (WHD) has clarified the situation somewhat. It’s not that hard to determine family relationships when there’s a biological or legal relationship, […]

In yesterday’s Advisor, we discussed the common issue of “I don’t want to take back the person on FMLA; the temp is much better.” In today’s issue, some job restoration scenarios, and an introduction to the “FMLA Bible.” FMLA Restoration Example 1 John is a bank teller. He works at a bank branch 20 miles […]

Managers find a number of ways to frustrate and aggravate HR, and FMLA restoration rules are the source of many of them. “I’ll keep the temp” is one of the most common challenges HR managers face “I’ll Keep the Temp” Here’s what happens: The manager’s employee goes out on FMLA leave. You provide a replacement, […]

Jury duty leave seems like an easy one, but anything that involves questions about who gets paid and who doesn’t is not so easy. In yesterday’s Advisor  we talked about the legal issues surrounding jury duty and appearance as a witness; today, we’ll look at key policy considerations, and get an introduction to the “Employee […]

In yesterday’s Advisor, we featured examples of state and federal family and medical leave (FML) interactions. Today, we’ll look at some critical considerations plus take a look at the “FMLA Bible.” Here are today’s major considerations regarding interplay between state and federal FML law: Intermittent Leave Many of the state FML laws do not provide […]

If your state has its own family and medical leave (FML) law, in some circumstances employees may be able to take both leaves, one after the other, and there’s nothing you can do about it. To deal with federal/state family leave issues, the first step is to determine which laws apply to you as a […]