Category
FMLA
Are Remote Employees Covered by FMLA?
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on February 9, 2023, to clarify the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement for teleworkers, as well as the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers. On the same day, the DOL also exp...
How to Calculate FMLA Leave When a Holiday Falls in a Week
An important part of compliance is to correctly count the number of days that an employee is entitled to take when they qualify for the Family and Medical Leave Act (FMLA). To help employers, the DOL just released an Opinion Letter that gives employers clear guidance on how to calculate FMLA entitlement under the FMLA......
DOL Updates Minimum Wage and FMLA Posters in April 2023
Employers must take note that the federal government has been busy updating several mandatory workplace posters. In April 2023, two posters were updated. First, the Department of Labor (DOL) released an updated “Minimum Wage” poster to include revised information concerning employees’ rights under the PUMP Act (Providing Urgent Maternal Prote...
Employee not responding to FMLA notices, loses FMLA protection
Good news for employers! A recent Oregon court case demonstrated the importance of following the required FMLA notices to eligible employees and the consequences to an employee that ignored the notices to his detriment. Employees that fail to follow the employer’s usual and customary notice requirements for requesting FMLA leave, will ordinar...
New “Simpler and Easier” FMLA Forms Released
The U.S. Department of Labor (“DOL”) has released new revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”) (dated June 2020). The revised forms are noticeably different. The DOL intended them to be simpler and easier for employees, employers, leave ...
New DOL Regulations (FFCRA) – How to Document Exempt Status from Paid Leave
The much anticipated Department of Labor Regulations (temporary) were just published on Wednesday, April 1. The new regulations explain how an employer with fewer than fifty (50) employees must document its declared exemption from the paid Emergency Paid Sick Leave and Emergency FMLA. Here are the new DOL Regulations on the FFCRA. What employers ...
HR Fitness for 2020 – Needed HR Actions for the New Year
NEW YEAR? BRING IT! Put some of that post-holiday energy into your HR process … you can make it easier to get out of the office in time to hit the gym! Here is a 7 step checklist to make sure HR is prepared for an efficient, organized, successful new year: Step One: Review your......
Equivalent Job Restoration and Bonuses for Employees taking FMLA
When an employee returns from FMLA leave, he or she must be restored to the same job that the employee held when the leave began or to an “equivalent job.” The employee is not guaranteed the actual job he or she held prior to the leave. An “equivalent job” means a job that is virtually......
What if a Company does not properly designate an FMLA absence?
For many reasons, a company (with at least 50 employees) may forget, or simply neglect to provide an eligible employee with the proper FMLA paperwork before or during their leave of absence. If this happens, does the employer need to offer the affected employee with a new 12 weeks of FMLA leave, re-sent the original......
Can Rigorous Enforcement of FMLA procedures become Interference & Retaliation?
Atlanta, GA – On January 27, 2017, the Eleventh Circuit Court of Appeals decided Diamond v Hospice of Florida Key, and analyzed how to review claims of FMLA interference and retaliation. Here are the facts. The Plaintiff, Ms. Diamond was a social worker for Hospice of Florida Keys. She submitted the proper FMLA paperwork because......
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