When you find out about a possible FMLA qualifying leave after it has started, how far back can you go to retroactively designate the leave? Athey, an attorney with The Robert E. Miller Group in Kansas City, Missouri, was joined by a colleague, consultant Kristi McKinzey, in a recent webinar sponsored by BLR/HRHero. Athey offers three retroactive designation scenarios:
Mckinzey, a consultant with The Robert E. Miller Group in Kansas City, Missouri, was joined by a colleague, attorney Julie Athey, in a recent webinar sponsored by BLR/HRHero.
Hazard # 1: Counting Against Attendance Policy
If you had reason to know an absence was due to an FMLA‐qualifying reason, you can’t count the absence against employees under your attendance policy even if it was never designated as FMLA and even if HR never knew about it—but the supervisor did.
And, of course, each type of leave has its own set of eligibility, entitlement, notice, documentation, and tracking requirements, and oftentimes the requirements overlap.
To help our readers cope with this thicket of leave laws, BLR—after evaluating a number of leave management systems—is proud to announce that we have established a partnership with Presagia to offer Presagia Enterprise and Presagia SimplyLeave, the most comprehensive leave management software solutions on the market.
Sem, who is CPP CSC certified, is the president of Sem Security Management in Lake Geneva, Wisconsin. He was joined by Di Ann Sanchez, PhD, SPHR, the founder and president of DAS HR Consulting LLC, at a recent webinar sponsored by BLR®.
The Four Essential Components of a workplace violence (WPV) Program
Sem’s general observations:
- Badly handled or emotional discipline, refusal of service, or termination often triggers the violence. Never discipline, terminate, or refuse service with emotion.
- Violence is evolutionary. It tends to escalate. Most situations do show some warning signs.
- In many situations, people knew something was wrong and didn’t do anything. Generally, someone is aware of an escalating situation with a coworker, patient, or customer.
- No two incidents are the same, so—and this is a critical concept—you have to allow some room for a judgment call.
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