Leave

Military family leave: DOL regs spell out employee rights

09/02/2009

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

Formal FMLA rules on the books? Enforce ’em!

08/28/2009

Does your handbook include a formal policy regarding FMLA leave requests and absences? If so, make sure you stick to that policy. Bending the rules creates a slippery slope that could land you in court.

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

What is California’s law concerning time off to attend school activities?

08/26/2009

Q. Many of our employees have children who will return to school this month. Are we required to grant these employees time off for school-related activities?

Should we send FMLA forms to employees who are ineligible for FMLA leave?

08/26/2009

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

The 9 rule changes rocking the FMLA world

08/25/2009

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.

Return FMLA leave-taker to equivalent job, no matter what

08/25/2009

Employees who take leave under the FMLA or the New Jersey Family Leave Act are entitled to return to the same or an equivalent position.

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

How does workers’ comp work alongside FMLA leave?

08/13/2009

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his FMLA leave?

Under 50 employees? How FMLA could apply to you regardless

08/11/2009

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you’re a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.