FMLA: Family & Medical Leave Act

The Family & Medical Leave Act (FMLA) allows ”eligible” employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition. Download Your Free Report on FMLA
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Pay Deductions—What About Exempt Employees?

In yesterday’s Advisor, attorney Ted Boehm explained the rules governing deductions in pay for nonexempt employees (and how to avoid the pitfalls); today, he presents the facts regarding deductions and exempt workers.


Legal Pitfalls that Derail Your Telecommuting Program

In yesterday’s Advisor attorneys Deanna Brinkerhoff and Cathleen Yonahara offered 10 tips for successful telecommunicating; today, their take on the legal issues that challenge companies with telecommuters.


Survey says … What Leaves Are Your Competitors Offering?

In yesterday’s Advisor, we began our presentation of the results of BLR’s 2014 Employee Leave Survey; today, results concerning specific types of leave. How does your organization measure up?


Employee Leave: Survey Says … How Do You Compare?

Thanks to all 3,158 individuals who participated in the survey! Here are the detailed responses:


Failure to Pay Correctly—#6 on the List of Lawsuit Magnets

"In yesterday’s Advisor, we presented the first five of Attorney Aaron Zandy’s 10 lawsuit magnets—the most costly management mistakes. Today, the rest of the 10, including failure to pay correctly."

[Go here for failures 1 to 5.]

6. Failure to Pay Correctly

Yes, it’s the pay thing. Zandy’s danger zones are:


‘I send pregnant employees home their last month’

"In yesterday’s Advisor, we covered several tricky aspects of pregnancy discrimination as clarified in recent guidance issued by the Equal Employment Opportunity Commission (EEOC); today, more about pregnancy policies."

[Go here for the first part of the discussion on pregnancy discrimination]

Requiring Leave

May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth?


EEOC Issues Extensive—and Helpful—Q&A on Pregnant Employees

"“Pregnant women shouldn’t be stressed.” “Pregnant employees should take leave their last month.” “Pregnant employees shouldn’t travel.” Pregnancy discrimination is often motivated by concern (or chauvinism). In fact, though, those attitudes are discriminatory. And the plot thickens if a disability or FMLA leave is involved. EEOC’s recent guidance helps employers figure out where they stand."

On July 14 the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on pregnancy discrimination accompanied by an extensive and practical Q&A. The new guidance, the first to address pregnancy discrimination since 1983, focuses on how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.


Company of the Future—One Person and One Dog Are the Only Employee

"SPECIAL from SHRM Annual Conference and Exposition, Orlando Future companies will need only two employees—a person and a dog, says Tom Friedman, a 3-time Pulitzer Prize winning New York Times columnist. The person’s job is to feed the dog, and the dog’s job is to keep the person away from the machines."

Friedman, who offered his comments on the future of business and HR at the SHRM Annual Convention and Exposition held recently in Orlando, Florida, says there are two burning questions today: One, What are the big tech changes reshaping our world? and two, How is my kid going to get a job?


Looking for Great Talent? Look for Potential

"The cover article in the June issue of Harvard Business Review is titled “The Big Idea: 21st-Century Talent Spotting.” Since all of us as managers are constantly on the lookout for talent, the title, of course, grabbed my attention. The author, Claudio Fernández-Aráoz, a senior adviser at a global executive firm, boldly claims that potential is “the most important predictor of success at all levels.”"

Fernández-Aráoz says that potential is the fourth era of talent spotting. Here are the previous three:


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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