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FMLA leave provides enough regulations for HR to contend with—no one wants to add a fraud investigation into the mix. However, it’s an unfortunate reality that some employees try to abuse the system, especially when it comes to intermittent leave. What can an employer do when fraud is suspected? What Constitutes FMLA Fraud “What constitutes […]
Chronic illness can present unique situations when it comes to managing the associated FMLA leave. Since chronic illnesses are generally defined as those lasting a year or longer, and statistics indicate that about 40 percent of U.S. workers have at least one chronic ailment (and about 20 percent have two or more), this means that […]
An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]
One of the most critical FMLA tasks for HR is accurate leave tracking for all employees. If leave is not tracked and designated as FMLA leave, then the employee may be disciplined for absences that should have been protected. However, properly tracking FMLA leave is often easier said than done. Why is FMLA Leave Tracking […]
The material in today’s Advisor is adapted from BLR’s 10-Minute HR Trainer session, “Coping with the Aftermath of Workplace Violence.” Review Security Procedures Review security procedures and equipment (surveillance cameras, silent alarms, etc.). Discuss any changes made as a result of the incident. If there was a breach of security that allowed the perpetrator into […]
FMLA medical certifications can provoke questions if their validity is uncertain. But when can an FMLA medical certification be questioned to the point of requiring a second opinion? Is a manager’s hunch that the employee is lying enough? When Can an Employer Require a Second Opinion on an FMLA Medical Certification? Let’s say an employer […]
For guidance, we turned to Compensation.BLR.com®. What Is Considered ‘Part-Time’ Employment? There is no federal law that defines the term “part time” or specifies the number of hours an employee must work per week to be considered part-time as opposed to full-time. Many employers classify part-time employees as those who regularly work fewer than 30 […]
Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]
“You will find that pretty much every workers’ comp law in the country does have anti-retaliation provisions. And so, just the act of filing a workers’ comp claim gives somebody protected status that’s somewhat analogous to somebody filing a complaint with the Equal Employment Opportunity Commission or filing a complaint under one of the wage/hour […]
by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]