I Need to UNdesignate Some FMLA Leave; Is That OK?


"In yesterday’s Advisor we covered many of the requirements and pitfalls of FMLA designation; today, rules around mistaken designation. Once again, for help we turn to the guide many call the “ FMLA Bible.”"

What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow.

Employer’s Promise (Designation) Must Be Kept

Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation is based on a mistaken designation. (See Murphy v. FedEx National LTL, Inc., 618 F.3d 893 (8th Cir. 2010); and Daniel Dobrowski v. Jay Dee Contractors, Inc. (6th Cir. 2009).)

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Designating FMLA— First Place Employers Fail


"Employers’ FMLA obligations are many, and pitfalls abound. One of the earliest places to make a mistake is in the supposedly simple act of designating the leave as FMLA-qualifying. For help, we turned to the “FMLA Bible.”"

When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be designated and will be counted as FMLA leave within 5 business days, absent extenuating circumstances.

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2014 Performance Management Survey Results—What Are Supervisors’ Most Common PA Errors?


"Yesterday’s Advisor began the results of our 2014 survey of Performance Management. Today, more results, including supervisors’ errors and the relationship of performance evaluation and merit pay."

Supervisors’ Role in Performance Appraisals

Management’s top responsibilities when it comes to performance evaluations are writing evaluations of their direct reports for 85.6% of survey participants, followed closely by setting goals for/with employees for 78.3%, conducting review meetings for 75.3%, and coaching employees for improved performance for 75.3%. Finishing out the field is reviewing evaluations prepared by their direct reports for their own employees (64.6%), deciding employee salary raises (50.8%), and providing input to other supervisors on their direct reports (40.5%).

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Performance Management Survey Result—How Do You Measure Up?


"Results are in from the 2014 Performance Management Survey. How does what you do compare with what the 1,481 survey participants do? Highlights:
  • 91.9% of the organizations represented by our survey participants conduct performance appraisals.
  • 75.2% rate their organization as average or above regarding the way it conducts performance appraisals.
  • The worst error is that the rater does not follow up with the employee after the evaluation to check on progress.
"

How Well Do You Measure Performance?

Regarding the way their organization conducts performance appraisals, a hefty 75.2% rate their organization as average or above. Details:

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Certification Brouhaha at SHRM Orlando


"The big buzz at the SHRM Annual Conference and Exposition revolved around SHRM’s announcement that it will start offering its own professional certifications. Why is it happening and what does it mean for HR pros?"

Speaking about the other entity, SHRM and HRCI both said to HRDA, “Their interpretation of ‘partnership’ Is not the same as ours.”

SHRM found HRCI intransigent on the issue of adding competencies to the certification process. HRCI says that SHRM defines “partnership” as controlling and their position threatened HRCI’s independence, which they believe is necessary to maintain the integrity of the certification process.

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