Remember when I told you a few months ago that employers can and should consider requiring that employees make two calls to request FMLA leave? For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third party administrator) to request FMLA
If this story won’t cause you bring your FMLA policy up to snuff, then I’ve lost all hope.
FMLA’s Basic Premise
An employee is eligible for FMLA leave if he meets three basic criteria:
- He has been employed by a covered employer for 12 months;
- He has worked 1,250 hours worked during the 12-month period
This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL turned to longtime DOL FMLA policy guru Helen Applewhaite to head up the agency’s FMLA efforts. (DOL doesn’t…
For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same.
The FMLA investigation often starts with a somewhat mysterious phone call from a DOL investigator identifying him or herself as such.
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
[First, feel free to play the National Anthem if you so desire…]
From the Leadoff Hitter to the end of the lineup, here are my FMLA All Stars:
In this month’s podcast, we propose a “to do” list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year. We cover topics such as revisions to your FMLA policy and forms, how to best calculate FMLA leave, and revisiting job descriptions and personnel policies so as …
FMLA developments in 2010 came fast and furious: the DOL’s interpretation clarifying the definition of in loco parentis, GINA’s impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as FMLA eligiblity and notice, abuse of FMLA leave, medical certification, caring for a family member and FMLA retaliation.
2011 surely will usher in new and unexpected FMLA developments. In the meantime, what should employers do? Prepare. As the calendar turns over to a new year, consider implementing the following to minimize FMLA liability and put yourself in the best position to administer the FMLA: