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

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

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

Suspected FMLA leave abuse top HR concern

Employee abuse of the Family Medical Leave Act (FMLA) is the top concern for human resource professionals regarding the law, according to a WorldatWork survey earlier this year.

WorldatWork administered the survey in response to the Department of Labor’s proposed changes to the FMLA regulations. The proposed changes are aimed at resolving tough issues employers face when administering the law.

Under FMLA, employers must provide up to 12 weeks of unpaid, job protected leave during a 12 month period. Reasons for FMLA leave include the birth or adoption of a child, caring for a seriously ill immediate family member or for the employee’s own serious illness.

Of 450 human resource professionals surveyed:

• 42% said the potential for or suspicion of abuse by employees causes “extreme difficulty” in administering intermittent FMLA leave.
• 38% reported inadequate notification prior to an absence.
• 28% reported difficulties tracking intermittent leave.

When asked what changes to the FMLA they support:

• 72% strongly agree with requiring workers to notify employers in advance of taking non-emergency, foreseeable leave.
• 61% strongly agree with requiring annual medical certification from employers when conditions last more than one year.
• 60% strongly agree with requiring a fitness-for-duty certificate after return from intermittent leave to jobs that could endanger the employee or others, or that the worker may be unable to perform.

A full copy of the survey is available at WorldatWork.org/research.

Suspected FMLA leave abuse top HR concern