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FMLA basics are confusing enough. And then each aspect—substitution, bonuses, holidays, etc.—seems to have its own tricky twist. Let’s let the “FMLA Bible” sort it out. Substitution Required? Notice Required Employees may choose to substitute accrued paid leave for FMLA, or the company can require it. (Many do.) However, it’s not quite as simple as […]
In yesterday’s Advisor, attorney Susan Schoenfeld briefed readers on the issue of colds, flu, and the FMLA. Today, what the courts have to say, plus a solution that may eliminate the problem—a corporate wellness program What the Courts Say At least two federal appeals courts have weighed in on the issue of flus and colds […]
Does a serious cold qualify as a serious health condition under the Family and Medical Leave Act (FMLA)? How about the flu? Leave of absence laws were established to protect employees with serious health conditions; do colds and the flu measure up? Generally, unless complications arise, the common cold, the flu, earaches, upset stomach, and […]
Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more […]
PTO (see yesterday’s Advisor) is attractive for many reasons, says attorney John P. Hagan, but there are critical questions to ask before switching over from a traditional approach. Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: […]
PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan. Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by […]
USERRA Reemployment Rights In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA); today, the specifics of reemployment rights for returning vets, plus an introduction to BLR’s “audit-before-the-feds-do” program.In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act […]
Most every employer can expect to welcome returning veterans. Obligations (legal and moral) are many, and there won’t be any sympathy for employers who fail to honor their responsibilities. There are two primary laws that will come to bear, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the subject of this article, and Family […]
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 […]