Victims of domestic violence could take FMLA leave under proposed bill

Today's post comes from G.Neil's HR News Weekly:

Coinciding with National Domestic Violence Awareness Month in October, a California Congresswoman is reintroducing legislation that would assist victims of domestic violence. The Domestic Violence Leave Act would allow employees to take leave under the Family and Medical Leave Act (FMLA) to address incidents of domestic violence, sexual assault and stalking -- whether directed at themselves, a spouse (including domestic partner and same-sex spouse), parent or child.

FMLA leave could be used for a variety of reasons:

... Seek medical attention for injuries
... Obtain legal assistance
... Participate in a legal proceeding
... Attend support groups or therapy
... Participate in safety planning

The affected employee could substitute paid leave for the leave available under this bill. And while an employer would be entitled to obtain certification that the employee is taking the FMLA leave for legitimate reasons, the employer would be held to strict confidentiality standards.

Rep. Lynn Woolsey pointed out that domestic violence is a widespread problem in our country, emphasizing that her bill "ensures that those who have suffered abuse have the time to recover, physically and emotionally, without losing their job or forfeiting the income that supports them and their family."

For fast, easily searchable answers to all your FMLA compliance questions, check out SolveIt Now™ -- available for immediate download or on CD-ROM.

Victims of domestic violence could take FMLA leave under proposed bill

You've gathered the absence data ... but now what?

Today's post comes from G.Neil's HR News Weekly:

You’re well-versed in the Fair Labor Standards Act (FLSA) time and pay laws, you keep careful records of each employee’s attendance and you’ve even identified your company’s biggest attendance issues. But that’s where it stops, according to a Liberty Mutual survey of 300 human resource and benefits professionals conducted in April 2011.

The survey found that employers are making the effort to stay informed and track attendance, but they’re not using the numbers to address the bottom-line impact of employees missing work. Specifically, 53% of respondents ranked compliance with state and federal leave laws as their greatest concern, yet nearly 50% didn’t know the cost of absence within their own workplaces.

That can be an expensive mistake! The U.S. Department of Labor (DOL) calculates that uncontrolled employee absence costs employers $100 billion per year, based on 2009 data.

“While employers are clearly aware of how important it is to comply with leave regulations — and are therefore tracking these leaves — many haven’t taken steps to use the data they collect to proactively manage absence and control the total financial impact on their companies,” says Heather Luiz, disability product manager for Liberty Mutual Group Benefits. insurancenewsnet.com

From at-a-glance tracking sheets to software, G.Neil offers a variety of practical tools to help you manage attendance, employee vacations, sick time and other time off.

Beyond the tracking, it's up to you to review the data and look for weaknesses in employee attendance. Is it a certain handful of employees who call in sick or come in late month after month? It may be time for these employees' managers to have a heart-to-heart talk with them about what is going on and what they expect going forward. If your attendance rules are clear and you enforce them consistently, this type of counseling shouldn't pose any problems.

Managing medical leave - and preventing FMLA abuse - can be a little trickier. In addition to the administrative side of FMLA leave (requiring leave request forms and medical certifications, for example), you'll need to track used and available FMLA time based on the latest federal regulations.

You've gathered the absence data ... but now what?

In a weak economy, FMLA claims strengthen

Claims related to the Family and Medical Leave Act (FMLA) jumped more than 10% this year, according to a report by FMLASource, an affiliate of ComPsych Corporation. The key reasons for FMLA absences are 1) personal illness/injury, 2) caring for a child, and 3) caring for an elderly relative.

Experts blame the struggling economy for the bump. “As companies continue to operate with leaner staffs in a slowly recovering economy, many workers are seeking FMLA job protection in order to take time off to care for themselves as well as family members,” says Jim Brown, vice president of FMLASource.

To counteract this trend, Brown recommends that employers beef up their support services, including Employee Assistance Programs (EAPs) and work-life initiatives, to address employee issues and reduce the length of FMLA absences.

A thorough monitoring and documentation process of claims is essential, too. To ensure tighter administrative control and to curb costs in a tough economy, rely on the ComplyRight™ FMLA Administration System. It includes all the forms and information you need to effectively manage FMLA requests according to the latest regulations.

In a weak economy, FMLA claims strengthen

How healthy is your medical leave policy? It may be time for a checkup

The Equal Employment Opportunity Commission (EEOC) has filed a class-action lawsuit against UPS for violating the Americans with Disabilities Act (ADA) when it terminated an employee with multiple sclerosis. According to the lawsuit, this particular employee (as well as a whole class of disabled UPS employees) was unfairly treated under the company’s 12-month leave policy.

Some details regarding the case: The employee took a leave of absence from her job when she started experiencing symptoms that were later diagnosed as multiple sclerosis. She came back to work for a few weeks after the 12-month leave period, but then needed additional time off to deal with the negative side effects of her medication. It was at this point that UPS fired her for exceeding its 12-month leave policy.

From an EEOC press release:

“One of the main goals of the ADA is to provide gainful employment to qualified
individuals with disabilities. However, policies like this one at UPS, which set
arbitrary deadlines for returning to work after medical treatment, unfairly keep
disabled employees from working. Sometimes a simple conversation with the
employee about what might be needed to return to work is all that is necessary
to keep valued employees in their jobs.”

UPS is defending its 12-month leave policy, calling it “one of the more generous and flexible leave policies in corporate America.” The company claims the employee never asked for an accommodation under the ADA – and that after returning from a year’s leave of paid absence, she basically “abandoned” her position 18 days later, without providing any medical documentation justifying additional time off.

What about your company’s leave of absence policy? Could it pass this sort of ADA scrutiny? Are you prepared to handle and properly administer requests for reasonable accommodations? A quick checkup of your leave policy and ADA administration practices may be in order to ensure they are healthy, stable and could stand up in court.

How healthy is your medical leave policy? It may be time for a checkup

HR pros push for paid leave policies

The Society for Human Resources Management (SHRM) is leading the way in a debate over a U.S. workplace flexibility policy that meets the needs of both employees and employers. SHRM today announced its commitment to assisting in the development of a federal policy in a letter to all U.S. Senators and Representatives.

"We believe employers should be encouraged to provide the paid leave their workforces need, and let employees decide how to use it," wrote SHRM CEO and President Laurence O'Neil. "Providing some agreed-upon amount of paid leave for workers should be considered as a way for employers to satisfy federal, state and local leave requirements." (PR Newswire)

It’s predicted that Congress and the Obama Administration will promote “paid sick leave” legislation this year because many believe current labor laws have fallen behind the times. Along with SHRM, they believe the current labor laws must adapt to the changing needs of a diverse and mobile workforce.

SHRM’s “Principles for a 21st Century Workplace Flexibility Policy” was also issued to Congress and the Administration, encouraging lawmakers to create a federal leave policy that encourages employers to voluntarily provide paid leave.

"SHRM believes employers, not the government, are in the best position to know the benefit preferences of their employees," O'Neil said. "HR professionals have decades of experience in designing and implementing programs that work for both employers and employees. We're eager to share this expertise with policymakers and welcome a positive dialogue on a workplace flexibility policy for the 21st Century."

The organization seeks a federal policy that would:

• Encourage employers to offer uniform and coordinated paid leave;
• Create administrative and compliance incentives for employers who meet the leave standard;
• Provide certainty, predictability and accountability for employers and employees; and
• Allow for different work environments, industries and organizational size.

Research data also released today by SHRM reveals that most U.S. employers currently provide some form of paid vacation leave for full-time employees. The survey of more than 500 randomly polled HR practitioners showed that nine out of 10 respondents provide paid vacation leave, eight out of 10 provide sick leave and 42% offer leave through a paid time off (PTO) program for full-time employees.

"Solid benefits program makes it easier for organizations to attract and retain great employees," O'Neil said. "Both employers and employees want a workplace characterized by fairness, balance, flexibility and freedom of choice. We're ready to take the lead in working with all parties to find a solution for America's workers, their families and employers."

Do you agree with SHRM’s push for setting a new policy on workplace leave? What types of paid-time-off benefits does your organization currently offer full-time employees?

HR pros push for paid leave policies

FMLA changes: Survey shows employers lack communication

Less than one third of employers have discussed the recent changes to the Family and Medical Leave Act (FMLA) with their employees, according to a survey by Compensation.BLR.com and HR.BLR.com.

Survey respondents revealed that:

• 40% had not communicated the FMLA changes to employees.
• 32% said while they haven’t communicated the changes yet, they plan to do so.
• 28% said they had already communicated the recent changes to the FMLA to employees.

The U.S. Department of Labor (DOL) published the new FMLA rules on November 17, 2008 and they became effective on January 16, 2009. The changes to the FMLA regulations introduced a slew of changes that employers and employees need to be aware of.

Many of the changes were designed to improve communication between employers and employees. The new FMLA ruling includes clarifications and new requirements on how and what employers must communicate to employees. It also includes clarifications and new requirements on when and how employees notify their employer on their need for FMLA leave.

The final rule includes benefits for some military families that give special job-protected leave rights to family members of injured service men and women, and also helps families of members of the National Guard and Reserves manage their affairs when the service member is called to active duty.

For a more detailed breakdown of the changes to the FMLA, read this earlier post: FMLA regulations, what employers need to know.

To avoid the most common mistakes when interpreting the new FMLA rules, take a look at the ComplyRight Now E-Guide: New 2009 FMLA Regulations - What Employers Need to Know. This downloadable guide provides a complete overview of the new rules and employers’ responsibilities under the FMLA.

FMLA changes: Survey shows employers lack communication

DOL releases updated FMLA poster

On December 18, 2008, the U.S. Department of Labor (DOL) issued a new Family and Medical Leave Act (FMLA) poster based on revisions published in November 2008. Employers with 50 or more employees, and all public sector employers, are required to update their mandatory employee and applicant labor law postings with the new FMLA poster.

The new FMLA poster outlines how the expanded FMLA provides job-protected leave for the spouses, children or parents of members of the armed forces called to active duty in the U.S. military. Additional FMLA rights for employers and workers are clarified on the new poster, too.

Along with the FMLA poster, employers must post all other mandatory federal and state labor law posters, a burden that entails monitoring up to 20 different posters from as many as seven different agencies. And with the incoming Democratic administration expected to serve a more regulatory function with labor issues and workers’ rights, the level of labor law posting enforcement is expected to increase.

That’s why many employers are turning to third-party poster providers to maintain their posting compliance.

Poster Guard Compliance Protection, guaranteed by G.Neil, offers employers the easiest way to keep up to date with all federal and state posters. In addition to a poster set containing all required postings, employers automatically receive a new poster any time a federal or state posting regulation changes. Poster Guard Compliance Protection also offers a 100% Compliance Guarantee against fines, online auditing tools and dedicated customer support.

DOL releases updated FMLA poster

How the new FMLA regulations affect you, free webinar

Last month, the Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA) that go into effect on January 16, 2009.

This ruling marks the first set of revisions to the FMLA regulations since its enactment in 1993. As a result of the changes, new forms and posters will be required for employers subject to FMLA guidelines.

Next week, ComplyRight will be hosting a free webinar to inform you on exactly what you need to know to fully comply with the new FMLA regulations before they take effect in January.

This free webinar is packed with the latest information to keep your business in full compliance. You will learn:

• The impact the new regulations have on your business, what changed and how to comply
• Your rights as an employer under the FMLA, including methods to handle FMLA abuse
• Specific key requirements of the law
• How to modify your policies, notices and employee postings
• New rules for handling common FMLA issues, including intermittent leave, chronic conditions, light duty, supervisor access to medical information and leave for military families.

Sign up today to attend The New FMLA Regulations: What You Need to Know, presented by Wendy J. Smith, Esquire, Fisher & Phillips LLP, on Thursday, December 11, 2008 from 2 p.m. to 3 p.m. EST. Visit the registration page for more information.


Related information:


New FMLA regulations, what employers need to know

Family and Medical Leave Act Changes Q & A

How the new FMLA regulations affect you, free webinar

New FMLA regulations, what employers need to know

The U.S. Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA), clarifying employer and employee rights under the law. The new FMLA regulations were published in the Federal Register on November 17, 2008 and will take effect on January 16, 2009. New forms and posters reflecting the latest changes will be required for employers subject to the FMLA.

This is the first set of revisions to the FMLA regulations since its enactment in 1993 and will affect all employers that must adhere to FMLA guidelines. The final rule helps workers and employers better understand their responsibilities and will speed the implementation of a new law that expands FMLA coverage for military families.

"This final rule, for the first time, gives America's military families special job-protected leave rights to care for brave service men and women who are wounded or injured, and also helps families of members of the National Guard and Reserves manage their affairs when their service member is called up for active duty," said U.S. Secretary of Labor Elaine L. Chao in a recent press release. "At the same time, the final rule provides needed clarity about general FMLA rights and obligations for both workers and employers."

The final rule includes two notable benefits for some military families:

Military Caregiver Leave: Expands FMLA protections for family members caring for a covered service member with a serious injury or illness incurred in the line of duty on active duty. These family members are able to take up to 26 workweeks of leave in a 12-month period.

Leave for Qualifying Exigencies for Families of National Guard and Reserves: The law allows families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave to manage their affairs — "qualifying exigencies." The rule defines "qualifying exigencies" as: (1) short-notice deployment (2) military events and related activities (3) childcare and school activities (4) financial and legal arrangements (5) counseling (6) rest and recuperation (7) post-deployment activities and (8) additional activities where the employer and employee agree to the leave.


Additional highlights from the new FMLA regulations:

Waiver of Rights: The department has finalized its position that employees may voluntarily settle their FMLA claims without court or departmental approval. However, prospective waivers of FMLA rights will continue to be prohibited.

Serious Health Condition: The new rule clarifies that if an employee is taking leave involving more than three consecutive calendar days of incapacity plus two visits to a health care provider, the two visits must occur within 30 days of the period of incapacity. Additionally, it defines "periodic visits to a health care provider" for chronic serious health conditions as at least two visits per year.

Light Duty: Time spent in "light duty" work does not count against an employee's FMLA leave entitlement, and the employee retains the right to job restoration during the light duty period.

Employer Notice Obligations: The final rule clarifies and strengthens the employer notice requirements to employees in order that employers will better inform employees about their FMLA rights and obligations, and allow for a smoother exchange of information between employers and employees.

Employee Notice: Under the new regulations, employees must follow their employer’s normal call-in procedures when taking FMLA leave. Under current rules, employees may notify their employer up to two days after an absence on their need for FMLA leave.

Medical Certification Process: The final rule recognizes the Health Insurance Portability and Accountability Act (HIPAA) and its impact on medical privacy. Responding to concerns about medical privacy, the new provisions prohibit direct supervisors from obtaining employee medical information for FMLA certification.


View the final rule as it appears in the Federal Register, here.

New forms and posters will be required for employers subject to FMLA guidelines. G.Neil’s top legal experts are working to provide you with the information and resources needed to stay in full FMLA compliance.

As of today, our legal team is developing a new E-Guide to explain the new FMLA rules in plain English. Check back regularly for the most up-to-date information to help you understand and take action on the latest legal requirements that affect your business.

Read our new Q & A reviewing the latest Family and Medical Leave Act Changes.

New FMLA regulations, what employers need to know

Obama on labor law: Preparing for change

As President-elect Barack Obama prepares to take his place in the White House, businesses across the country are considering what impact his plans will have on their organizations in the coming years.

In our existing unpredictable market, businesses should be prepared for impending changes related to wages, immigration, taxes, health care, executive compensation and benefits, civil rights and an inevitable increase in worker unionization, according to Littler Mendelson, the nation’s largest employment and labor law firm representing management, in a recent article.

“The combination of President Obama, with an electoral mandate for change from the voters, large Democratic gains in both houses of Congress, and the declining economy, sets the stage for a wave of legislative and regulatory proposals intended to protect workers in these troubled times,” Jay Sumner, a Washington, DC-based attorney at Littler said. “In the first 100 days and over the next four years, American businesses should anticipate significant changes.

“Those companies that educate themselves and prepare to navigate the changed labor and employment landscape will survive and prosper, and they should have a competitive edge over those that are caught unprepared,” said Sumner in a recent Seacoastonline.com article.

Here are the most important employment law issues we’ll be watching after Obama takes office in 2009:

Unions - The Employee Free Choice Act (EFCA), designed to make it easier for unions to organize, is the top item on the labor agenda. Obama has already pledged to sign EFCA into law once passed.

Health care - Experts predict that the Obama Administration will explore avenues to keep the current employer-provided health care system in place. Obama’s health care plan would require employers to provide health care benefits or pay a percentage of payroll to support public health care.

Immigration - The new administration will push to increase enforcement of immigration laws and hold negligent employers accountable for disregard of immigration laws and employing undocumented workers. Obama is likely to agree with past proposals requiring government contractors to use E-Verify and could extend the program if accuracy and funding issues are settled.

Minimum Wage - Obama has pledged to increase minimum wage and index it to inflation.

Time off - The Obama Administration wants to expand the Family and Medical Leave Act (FMLA) to cover smaller employers, those with 25 or more employees, and permit leave for more reasons. Obama and Congress are also considering paid FMLA leave, mandatory sick leave and flexible work arrangements.

Obama on labor law: Preparing for change

New FMLA rules coming to a workplace near you

New Family and Medical Leave Act regulations are expected to become official soon and could go into effect by the end of this month.

In late October, the Department of Labor (DOL) submitted a final draft of new FMLA regulations to the Office of Management and Budget (OMB) for review. The OMB has a final action date of November 2008, but no specific day.

The DOL released proposed FMLA rule changes in February and asked for public comment. It is still unknown what changes were made, if any, based on feedback from the public.

The proposed regulations suggested a dozen key changes, some of the most substantial changes include notice from employees, eligibility standards, the definition of “serious health condition” and the release of FMLA claims.

We’ll have more information once the final regulations are published. Subscribe or check back often for the latest updates.

New FMLA rules coming to a workplace near you

When should HR know about an illness or disability?

A recent article from DiversityInc magazine examined issues regarding employee disabilities and illness, asking the question: When should employees tell their boss about a serious illness or disability?

Just last week the President secured protection for disabled workers by signing the ADA Amendments Act. Along with the Family and Medical Leave Act, you could assume that more employees would feel comfortable telling employers about their condition.

But even with protective legislation, the stigmas associated with an illness or disability can overshadow an employee’s training and work experience or may cause coworkers and supervisors to treat them differently.

The author suggests that it is best for an employee to disclose a serious illness or disability “as soon as practically possible” in that a company can only accommodate the employee if their condition is known.

We want to know your opinion:

When would HR managers prefer to know about an employee’s serious illness or disability? What is too soon, what is too late?

Does it impact promotion and raise decisions even if symptoms aren't showing yet? Is it really possible not to have it influence decisions?

When should HR know about an illness or disability?