Family Medical and Leave Act

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Labor Project for Working Families Database
Stay abreast of trend-setting union contractual language via the Labor Project for Working Families database. Containing the industries best contract language for work-life issues, this service is offered to you for free.

Able and Available to Work?
The new rule released by the Department of Labor (DOL) exempts new parents.

The DOL is Being Sued over "Baby UI"
LPA Inc., the Society for Human Resource Management (SHRM), the U.S. Chamber of Commerce and two small businesses have joined forces and filed a lawsuit against the U.S. Department of Labor.

TBG ®-FMLA
Federal FMLA regulations dictate that certain paperwork be completed in dealing with FMLA issues. As such, there is a legal onus on employers to efficiently process claims using these forms. However, maintaining a physical library of the paperwork and quickly filling out such forms consumes time and money.

Legal Aspects of HR
LAHR is a self-learning management CBT workshop that outlines the main legal topics in HR. If you're looking for a program to build a solid legal and HR foundation, check out this product...

Death by Legislation
With all of the legal requirements that employers are subject to, how do HR professionals stay on top of the requirements to ensure minimum compliance?

EZ-HR: The Resource for Non-HR Professionals
Promoted as the "first of its kind", EZ-HR: For the non-HR professional, gives employees the ability to access the most common HR information either from a loose-leaf binder or through a subscription service over the Internet. Designed by TR Anton, Inc., EZ-HR was developed with over 12 years of research, customer feedback, and experience behind their product.

How to Comply with Federal Employee Laws
Everyone knows that legal issues can be tedious, dry, and difficult to interpret. An extremely successful and widely used tool, "How to Comply with Federal Employee Laws" helps organizations interpret and easily understand the technicalities of employment law for practical application.

Absenteeism Q&A
Follow these guidelines when determining whether to discipline an employee for his or her unexcused absence or designate the time off as FMLA leave.

Who hates bad attenders? Co-employees!
The failure to have a stated and consistently enforced attendance policy creates legal problems. Most employers know this. What most employers do not know is that co-employees hate bad attendance, and they hate employers who tolerate it.

The Leader's Legal Resource Center
If you´ve looked through training programs that as intended to help you translate employment "Legal-ease" only to discover that the programs aren´t really that helpful, you may want to consider this alternative, the Leader´s Legal Resource Center (LLRC) developed in conjunction the AlignMark, LearnShare, and Thomson Corporation.

Enwisen.com
Enwisen´s mission is to educate users while providing them with the tools they need to make the best decisions. Successful in their efforts, Enwisen´s online benefits and communication management system is, what I would consider, part education tool, part online benefits enrollment, part HRIS.

Maryland Wage and Hour Law Pitfalls
This article provides some good insights into various wage - hour questions and its application is broader than the title suggests.

DOES THE FAMILY AND MEDICAL LEAVE ACT APPLY?
Employers must provide their employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, or for the serious health condition of the employee or a close family member. In practice, however, the Act is a nightmare. There are detailed notice requirements, all of which fall on the employer. If an employer violates the Act, it can be sued for back pay and benefits, liquidated damages, interest, attorney''s fees, reinstatement, and even promotion.

AHIPubs.com
Looking for good employment law information that´s easy to understand, detailed and just so happens to be free? HR.com has found a great site that combines each of the above-mentioned qualities. Perhaps you´ve already heard of the Alexander Hamilton Institute (AHI).

6th Circuit Finds Carpal Tunnel Syndrome A Protected Disability
In deciding that the employee was a protected individual under the ADA, the Court indicated that the employee''s carpal tunnel and corresponding restrictions were "analogous to having missing, damaged or deformed limbs that prevent her from doing the tasks associated with certain types of manual assembly line jobs, manual product handling jobs and manual building trade jobs . . .."

Q&A: Interaction of FMLA and workers'' comp leaves
Whenever an employee is injured on the job and needs time off to recover, you should determine immediately if the employee also is eligible for leave under the FMLA.

A Primer On OSHA'S Final Ergonomics Program Standard
The final standard applies to all employers in general industry covered by the Occupational Safety and Health Act. For those states which have their own OSH plans, the final ergonomics standard requires them to adopt a "comparable standard" within six months of November 14, 2000.

Workforce Time and Attendance
This company focuses on developing excellent solutions for mid to large size companies focusing on payroll and time and attendance product needs. Check out HR.com´s review.

Collectively Bargained Arbitration Agreements -- Union Cannot Waive an Employee's Statutory Rights
Rogers was fired by her employer, New York University, while on medical leave under the FMLA.

Web-Based Human Resource Auditing Tool Announced
Laurdan Associates released the newest versions of the Employment-Labor Law Audit (ELLA 2000), the nation''s leading HR auditing and employment practices risk assessment tool.

Labor Department Issues New Report on the Family and Medical Leave Act
In this report the Department of Labor has compiled new survey data for 2000.

Buy-in of front-line managers needed for return to work
Front-line supervisors are the queens and kings of return-to-work. Most well-meaning human resources policies, including return-to-work programs, will not be fully implemented if managers do not have any incentives to implement them.

Courts Consider Questions Concerning FMLA Coverage Of Stress, Depression
Four different courts have recently evaluated the relationship between stress or depression and the Family and Medical Leave Act (FMLA).

Report: Top Ten Employee Benefit Mistakes
Benefits provision is easily one of the most complex and detailed aspects within the employment realm due to its integration with state and federal legislation. This M. Lee Smith Report pinpoints ten of the most common benefits errors that often result in litigation and how to avoid making those costly mistakes.

Compliance with the FMLA: Intermittent Leave
The following is one in a series of Thorp Reed & Armstrong, LLP Communiqués concerning recent decisions and emerging trends in labor and employment law. This Communiqué examines intermittent leave under the Family and Medical Leave Act.

Your Paycheck: Book Review
Have you ever looked at your paycheck and wondered where all your money went? Well, now you can find out everything you have ever wanted to know about it.

AIDS Policy
AIDS Policy Template

Q&A: Documentation required under the FMLA
Here''s a list of the types of documentation you need to keep in accordance with the Family and Medical Leave Act.

FMLA Initial Notification Form
FMLA Initial Notification Form Template

FMLA Leave Request
FMLA Leave Request Form Template

FAQ-AIDS In The Workplace
Frequently asked ask@hr.com question regarding AIDS in the workplace.

FAQ-Unauthorized Absences
Frequently asked ask@hr.com question regarding absenteeism.

2000 DOL Survey on the Use of FMLA Leave
The 2000 survey report analyzed more than 4,000 telephone interviews with both workers and employers, in which respondents were asked about any leave taken in the 18-month period between January 1999 and June 2000.

FAQ-Does the FMLA cover grandparents?
Frequently asked ask@hr.com question regarding whether or not the FMLA covers leave for grandparents.

How to Avoid the biggest FMLA mistake
One of the biggest mistakes you can make is firing an employee for an attendance-based reason when some of the absences are Family and Medical Leave Act (FMLA)-qualifying.

An Employer''s Guide to Employee Leave
If you ever thought that understanding leave policies was impossible, then here´s the perfect guide for you.

Avoiding common FMLA traps
The following article provides some tips to help you deal with some of the trickier issues under the FMLA.

The Value of Acknowledgment Forms
Requiring employees to sign an acknowledgment form upon receipt of a handbook or manual can help reduce court claims.

Bills Introduced in Congress Would Curtail DOL's FMLA Regulations and Opinions
In the early months of the George W. Bush administration, the media has focused on the business community´s ability to secure desired legislation from the GOP-majority Congress and the newly Republican executive branch.

US Worker Awarded $77,000 In Commissions Earned During Her FMLA Leave
Because an employment agreement stated that the worker would receive commissions earned on sales to regular clients, the employer must pay them regardless of her leave status.

How FMLA Leave Affects Application Of FLSA Salary Test
The 9th U.S. Circuit Court of Appeals recently held that an exempt, salaried supervisor did not lose her exempt status even though she was temporarily paid an hourly rate while she worked a reduced schedule to recover from an injury.

The Legal Bermuda Triangle: Avoiding Employee Lawsuits when ADA, FMLA, and WC Collide
This report explains how ADA, FMLA, and Workers' Compensation laws interact to protect you from costly lawsuits.

Employee Leave Laws: Your Rights & Responsibilities
The facts concerning the federal and state leave laws.

FMLA Questions And Answers
-Questions and answers from the Family & Medical Leave handbook.

Supreme Court Will Review Challenge to DOL Rules
-Employers accused of violating the leave law have argued that the DOL overstepped its authority with some of its rules.

Do Flu Sufferers Qualify for FMLA?
-The Family and Medical Leave Act is intended to apply to situations where an employee has a serious health condition. The flu is certainly no picnic, but does it justify an FMLA claim?

FMLA Pop Quiz-Do You Know Enough To Comply?
-The Family and Medical Leave Act (FMLA) can be a snake in the grass for employers who are required to comply with this statute but fail to do so.

Federal Budget Agency Criticizes FMLA Regulations On ´Serious Health Condition' and Intermittent Leave
-The federal Office of Management and Budget (OMB) recently echoed the criticisms of employer groups and individuals who have argued that several of the U.S. DOL regulations implementing the FMLA be overhauled.

U.S. Supreme Court Hears Ragsdale Oral Argument, Decision Challenging DOL ´Notification' Regulation
-A decision vacating regulations promulgated by the U.S. DOL that require employers to designate leave as FMLA leave before an employee´s 12 weeks off begin.

FMLA Health Conditions: Criteria Count, Diagnosis Doesn''t
-What do you do with an employee whose doctor certifies leave under the Family and Medical Leave Act but whose condition ultimately proves to be minor?

Family and Medical Leave Act (Part 1, 2 & 3)
-A series of three, articles discussing the fundamental components, must-know terminology  of the Family and Medical Leave Act (FMLA) of 1993 and explores the Family and Medical Leave Act´s relationship with other laws.

MetLife Research Finds Disability and FMLA Absence Management Still Challenging for Many U.S. Companies
-At Stake: Nearly 3 Million Lost Workdays Per Year

Employees Are Vulnerable To Discharge If They Fail To Give Adequate Notice of Need for FMLA Leave
-The DOL regulations stipulate that employees are expected to give their employers at least 30 days´ notice for "foreseeable" leave, such as in the case of childbirth, adoption or planned surgery.

May I Permanently Hire Someone to Replace an Employee Who''s Out for FMLA Leave?
-Questions and answers regarding FMLA.

Hibbs Supreme Court Oral Argument
-This article addresses the question of whether state employers may be sued by individuals for damages under the Family and Medical Leave Act (FMLA).

Overtime Case Survives ´Inexact' Evidence of Hours Worked
-Court cites employer´s failure to follow FLSA''s recordkeeping regulations.

Workers Secure Right To Sue States In Federal Court Under FMLA
-State employees can sue in federal court to enforce their rights under the FMLA.

Personal Liability Under FMLA: How To Avoid It
-A case about an employee who sued under the FMLA and won and the lessons managers can learn regarding it.

Employers Must Use Care When They Are Handling Employee Failure to Submit Medical Certifications
-After 10 years of living with the Family and Medical Leave Act (FMLA), most employers would probably agree that the statute serves laudable purposes.

When Can FMLA Rights Be Waived by Employees?
-Understanding how and when Family and Medical Leave Act (FMLA) rights may be waived is crucial to FMLA claims.

Employment Statutes Like the NLRA Can Sometimes Play a Key
-Legal protections available under other employment laws may be triggered by events and disputes relating to family and medical leave issues.

Last-Resort ADA Reassignment Should Not Replace FMLA Leave
-It may be used to enable an employee to continue working, but may not be required in lieu of FMLA leave.

Chao Says New FLSA Regulations Should Be Completed in March
-DOL expects to release new Fair Labor Standards Act (FLSA) regulations including changes to the so-called "white-collar" exemption rules by March 31.

Through FMLA Leave
The ruling is drawing interest from many FMLA experts because it appears to contradict most employers´ understanding of the federal leave statute

Federal Court Rejects Employer''s Attempt to Extend Worker's Job Probation Period Through FMLA Leave
-The ruling is drawing interest from many FMLA experts because it appears to contradict most employers´ understanding of the federal leave statute.

Responding to a DOL Investigation Of an Employee FMLA Complaint
-In both 2003 and the prior federal fiscal year, employers were found to be in violation of the statute and regulations in approximately half of the reported cases.

Can Workers Take Leave to Cover Duties of Sick Family Members?
-When an employee seeks leave to perform other tasks required by a family member with a "serious health condition".

FMLA Cost Employers $21 Billion in 2004
Unscheduled Intermittent Leave Increases Costs for Employers

NAM URGES FMLA REFORM TO PROTECT BENEFITS
FMLA abuses are caused in large part by the lack of effective guidelines regarding the definition of a ´serious health condition,´ and the intermittent leave provisions.

Ultimate Software Launches Compliance Web Site
Ultimate Software's Compliance Resource Center includes factual information and recent court rulings on federal laws including the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), Equal Employment Opportunity (EEO), Health Insurance Portability & Accountability Act (HIPAA), Consolidated Omnibus Budget Reconciliation Act (COBRA), sexual harassment, and Sarbanes-Oxley.

Workscape and Asparity Form Alliance to Offer Benefits Administration Decision Support Solutions
Strategic Collaboration Provides Workscape´s Clients with Tools to Streamline Benefits Selection and Service, Allowing Employees to Take Ownership of Healthcare Decisions

The Middlesex County Chamber of Commerce
Saving Great Employees: Challenges of and Solutions for Addiction in the Workplace

Reed Group Announces Availability of The Medical Disability Advisor with ACOEM´s Utilization Management KnowledgebaseTM
This advanced resource has seamless integration with American College of Occupational and Environmental Medicine´s ("ACOEM") Utilization Management KnowledgebaseTM ("UMK").

The Medical Disability Advisor, Fifth Edition Selected By Two Provincial Workers' Compensation Boards in Canada
The MDA provides the two Provincial joint boards´ claims staff with medical information on more than 10,000 reference codes for injuries and illnesses of working people.

CyberShift's NASCAR-themed Showcase of Solutions to Accelerate the Action at APA's 24th Annual Congress
CyberShift´s Vice President of Product Management to Participate in Time and Attendance Panel

Expanded Version of Sexual Harassment Prevention Training Reflects Client Input
HR Classroom, a provider of online training services, has released a new expanded and updated version of their popular "Sexual Harassment Prevention" training.

Eldercare Issues a Growing Problem for Employers
Aging with Grace, a geriatric caremanagement company that offers free eldercare referral services operating in the 5 county Philadelphia area, offers employers, benefits consultants and labor unions assistance in providing answers to escalating health care costs. Aging with Grace offers on site educational programs that address employee eldercare issues and their impact on rising healthcare costs.

UNUMPROVIDENT RESEARCH POINTS TO VALUE OF INTEGRATED CLAIM MANAGEMENT
"Today´s employers often face complicated health and productivity challenges," says Kenneth Mitchell, Ph.D, vice president of return to work program development.

Leading Workforce and Expense Management Solutions Provider CyberShift to Accelerate the Action at Upcoming SHRM Annual Conference and Exposition with NASCAR-themed Booth
CyberShift, a leading provider of workforce and expense management software and services

New HR Tool Set to Transform Employee Benefit Education and Enrollment
THE NAVIGATORTM FROM NAVITECH SETS COURSE FOR IMPROVED BENEFITS COMMUNICATIONS

HR Classroom, a provider of online training services, has released "Fall Hazards", a new safety training for both staff and supervisors.
"HR Classroom's Fall Hazards training provides employees with useful, practical safety information to prevent falls in the workplace," says Paul Curtis, president of Curtis Communications. "Organizations can deliver this critical safety training anytime, for new hires, existing personnel, and temporary hires."

HR Classroom, a provider of online training services, has released "Fall Hazards", a new safety trai
"HR Classroom's Fall Hazards training provides employees with useful, practical safety information to prevent falls in the workplace," says Paul Curtis, president of Curtis Communications.

HR Classroom, a provider of online training services, has released a revised and expanded version of
"Our Code of Business Conduct and Ethics training combines the important legal content all employers need to deliver with new scenarios, questions, and graphics," notes Paul Curtis, president of Curtis Communications. "Organizations continue to be challenged in finding effective ways to train and encourage ethical behavior by their employees. Our training makes this job easier - they can train anyone, anywhere, at anytime."

Scripps Health named to 100 Best Company list by Working Mother magazine
Annual initiative honors women/family-friendly benefits and policies

CONEXIS LAUNCHES ONLINE FSA QUOTING ENGINE
Web-based Proposals for Flexible Spending Account Services are Latest Example of CONEXIS´ Industry-Leading Benefits Administration Solutions

NAM ADVOCATES FMLA REFORM TO PROTECT EMPLOYEE BENEFITS
No Regulation is More Misunderstood or Costly, Says NAM’s Gillespie

Survey Finds 84% of Organizations Subject to FMLA Offer Some Type of Paid Family and Medical Leave
75% of Organizations Find Handling Intermittent Family and Medical Leave Challenging

CalChamber Highlights New Requirements for 2007 Worksite Posters
Minimum Wage Increase and Paid Family Leave Drive Changes

The total system workers' comp premiums, along with medical costs, are still on the rise.
Employers in the United States spend $80 billion per year on workers' compensation.

CAI’s 2007 Annual Employment and Labor Law Update from May 23-24 in Raleigh
A Two-Day Conference for Employers and Human Resource Professionals on the Latest NC and Federal Updates to Labor and Employment Laws

Unum expands absence management services
Creates unified tracking of employer-authorized policies, FMLA and disability

NAM WELCOMES FMLA REPORT DOCUMENTING EMPLOYER CHALLENGES
Employers Seek Clearer Rules

Family Medical and Leave Act Main


Thompson’s Entire HR and Benefits Library -- Now Just a Click Away
Thompson is launching an online version of their entire HR library. The site is fully searchable, hyperlinked and updated daily.

CyberShift to Demonstrate Workforce Management Solution
CyberShift to Demonstrate Workforce Management Solution at Upcoming National Retail Federation’s 97th Annual Convention & EXPO

Jerry Reiff Joins OCI as Director of Client Services
Jerry Reiff Joins Premier Healthcare Benefits Data Management Provider OCI as Director of Client Services

Employee Abuse, Lack of Advance Notice and Leave Tracking are Top FMLA Concerns of U.S. Employers
Human resource practitioners responding to a survey on the Family and Medical Leave Act (FMLA) indicate a high level of support for most of the United States Department of Labor’s proposed FMLA regulations.

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