Practical HR Tips, News & Advice. Updated Daily.
It’s crucial for California employers to get the information needed to properly designate absences so that FMLA/CFRA leave can be administered legally. But proper administration isn't always black and white. For example, if an employee's doctor advises that he or she is under the care of specialists, can an employer require that the specialist complete the FMLA certification?
At the end of a recent CER webinar on FMLA/CFRA certifications, Allen Kato fielded several questions from employers related to leaves of absence in California. Topics included requiring notice for intermittent leave, timing of receipt of certification, and employee requirements when calling out of work
Authentication and Clarification of Medical Certifications Employers are entitled to authenticate or clarify information received on a medical certification form. It is important to note that the definitions of what constitutes permissible authentication and clarification are very limited. “Authentication” means providing the healthcare provider with a copy of the medical certification and requesting verification that […]
FMLA certification can serve multiple purposes. It not only helps employers determine whether a request for leave qualifies as FMLA-protected leave, but it also can be one of the most effective tools an employer can use to reduce FMLA abuse.
Can an employer legally terminate an employee who is permanently disabled and can no longer perform the essential job functions? Do Americans with Disabilities Act (ADA) protections apply to all employees immediately, or must they be employed with the company for a certain amount of time first? What can employers ask when it comes to […]
Under FMLA regulations, an employer may utilize DOL certification forms designed for this purpose (and why not use them, since you aren’t permitted to ask for any information not on those forms anyway?): Certification of Health Care Provider for Employee’s Serious Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) […]
Diane Egbers, president of Leadership Excelleration, Inc., (LEI Consulting) (www.lei-consulting.com), warns that “it’s often what leaders don’t know that can harm them.” In The Ascending Leader: Conquer the Seven Enemies of Success—A Strategic Guide for the Newly Promoted, Egbers and coauthor Karen Schenck outline seven common failures of newly promoted leaders, as well as strategies […]
“One of the key factors of the ADA is not only the non-discrimination component, but the requirement that an employer reasonably accommodate the individual with a disability – in this case, someone who has been diagnosed with cancer.” Jonathan R. Mook explained in a recent BLR webinar. The duty to accommodate is a very broad […]
[Go here for skills 1 to 5] HR Manager’s Key Skill #6—Discrete and Ethical HR professionals are the conscience of the company, as well as the keepers of confidential information. As you serve the needs of top management, you also monitor their actions toward employees to be sure that policies and regulations are followed. You […]
Leave policy administration under the FMLA and the ADA presents numerous challenges to employers. Following is a “Do” and “Do Not” list based on the outcomes of 10 interference and retaliation claims by aggrieved employees that the courts have heard in the last five months. Do see if short-term disability benefits are granted or denied to […]