The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question of when same-sex couples were eligible for spousal benefits in a variety of contexts. In a move that is sure to simplify issues for multi-state employers, the Department of Labor is taking steps to clarify that issue under the Family & Medical Leave Act (FMLA). Continue reading
Category Archives: Leaves of Absence
FMLA Master Class: Feb. 12
Back by popular demand! Our FMLA Master Class, presented in conjunction with BLR and HR Hero, is always the most requested seminar from clients and seminar participants. So, at your request, we’ve brought it back.
If your organization is subject to the Family Medical Leave Act or if you are nearing 50 employees, you should consider joining us on February 12, 2014, for this in-depth, full-day program.
You can learn more about the program and register online. We’ll look forward to seeing you then!
New FMLA Forms and Poster Now Available
The Family and Medical Leave Act (FMLA) took effect 20 years ago. To celebrate, the DOL released a survey on the impact and use of the FMLA. According to the DOL, the survey found that “misuse of the FMLA is rare.”
Now, for those of you who have not laughed yourself right out of your chair, congratulations. For the rest of us, the reality is that FMLA abuse is, in many, many workplaces, a significant problem and, I bet many employers would say, maybe the most misused workplace law today. Of course, I don’t have a survey to back up my conclusions. But there you have them, anyway. Continue reading
Posting Vacation Pics on Facebook While On FMLA Is a Bad Idea
The FMLA turned 20 last week and there has been a flurry of articles and posts discussing how the FMLA has changed the workplace, whether it imposes too high of a burden on employers, and predicting how it will likely continue to evolve. All of the academic commentary aside, though, we all know that the FMLA is no easy row to hoe. The truth is that the law is a very technical one and its application must comply with very detailed technical requirements. Continue reading
Party Like It’s the FMLA’s Birthday
The Family Medical Leave Act (FMLA) celebrated its 20th birthday this week. And boy, oh boy, was the DOL was ready to celebrate!
And what kind of birthday would it be without a party? Acting Secretary of Labor Harris hosted a commemoration program that featured celebrity special guests, including former President Bill Clinton, former Senator Christopher Dodd, and former labor secretary Hilda Solis, among others. The entire program, which lasts about an hour, is viewable on YouTube. Continue reading
Return-to-Work and Fitness-for-Duty Examinations Following an Employee’s Medical Leave
Yesterday, I presented a section of the FMLA Master Class. In my session, we discussed mandatory return-to-work exams done by the employer’s selected doctors. There were lots of questions on this issue as many employers continue to require return-to-work exams as a matter of course before employee can return to work after FMLA leave. In many instances, such a practice will be in violation of the ADA and the FMLA. I promised a more thorough discussion of the issue, so here it is. Continue reading
Redefining “Eligible Employee” under the FMLA
An employee does not become eligible to take FMLA leave until he or she has worked at least 1,250 hours and 12 months. But, according to the 11th Circuit, being eligible to take leave is not the same as being eligible to request leave. Employers should be mindful of the court’s recent opinion when a recently hired employee submits a request for FMLA. Continue reading
