Headlines about "Family and medical leave, incl. FMLA"
Gathered from the web by the editors at BenefitsLink.com.
The Push for Time Off Work Gains in Many States
Excerpt: "Governors in Colorado and Nevada signed laws within the past month that give employees unpaid leave for school-related events, becoming the first states to do so in a decade. Wisconsin lawmakers will take up similar legislation this fall. Lawmakers in roughly a dozen other states are debating measures that would require employers to grant paid family or sick leave; President Barack Obama campaigned in support of such laws last year." (The Wall Street Journal)
Recession Likely to Cause New Jersey Workers to Forgo Paid Leave
Excerpt: "Heralded as a victory for workers' rights and criticized as a potential drain on businesses, a law making New Jersey the second state in the nation to provide paid leave to care for new children or ailing relatives takes effect Wednesday. But the measure is not expected to dramatically alter the workplace right away, its champions and opponents agree. One reason: the recession." (New Jersey On-Line LLC)
[Guidance Overview] Employers Must Provide Paid Leave to New Jersey Employees Effective July 1, 2009
Excerpt: "The Paid Leave Act entitles covered employees taking paid leave to receive two-thirds of the employee's weekly pay or a maximum of $524 per week (or $74.85 per day for intermittent leave), whichever is smaller. An employee is covered by the Paid Leave Act if he or she (1) works at least 20 calendar weeks and earns at least $143 per week, or (2) earned at least $7,200 in the prior year." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
[Guidance Overview] DOL Clarification of Notice Requirements Under the Family and Medical Leave Act (PDF)
2 pages. Excerpt: "The DOL recently released an opinion letter clarifying employee notice requirements under the Family and Medical Leave Act of 1993. The DOL formally retracted an earlier opinion that allowed employees two business days after learning of the need for unforeseen leave to notify their employers in favor of a rule that generally allows employers to require their employees to follow established call-in procedures." (Buck Consultants)
[Guidance Overview] Managing Intermittent Leave Under the FMLA
Excerpt: "Managing intermittent and reduced schedule leaves can be difficult for employers. When the Department of Labor began the process of revising the FMLA regulations, it received more public comments regarding employees' unscheduled use of intermittent leave than any other topic. Although the final regulations made only a few significant changes in response to these comments, they do offer employers some tools to help manage intermittent and reduced schedule leaves. This article discusses the requirements under the revised regulations that apply to employees and employers when employees take FMLA leave on an intermittent or reduced schedule basis." (Faegre & Benson)
[Guidance Overview] New Colorado Leave Requirements Scheduled to Accompany the Upcoming Fall School Year (PDF)
2 pages. Excerpt: "On June 1, 2009, Colorado's Governor, A. William Ritter, signed into law the Parental Involvement in K-12 Education Act ('Act'). House Bill 09-1057, now codified at C.R.S. ? 8-13.3-101 et seq., takes effect on August 5, 2009, unless a referendum petition is filed before this date. According to the General Assembly Bill Information Office, referendum petitions are rarely filed, meaning employers should plan accordingly to ensure they are prepared to comply with the Act's requirements this fall." (Snell & Wilmer)
Study of Wealthy Countries Shows Only U.S. and Australia Have No Paid Parental Leave Rights for Fathers or Mothers
Excerpt: "[T]he United States has no national policy requiring paid leave for fathers (or mothers); and we lag far behind other high-income economies that provide families, and often fathers specifically, with paid leave from work to actively care for and bond with their children. . . . [Only] the United States and Australia have no paid leave rights for parents; the remaining 19 peer countries offer paid leave to mothers and often fathers, too. For the countries that mandate a minimum amount of paid paternity leave, the benefit ranges from the equivalent of two days (United Kingdom) to seven weeks (Sweden)." (Economic Policy Institute)
Society for Human Resource Management Offers New Approach on Employee Leave
Excerpt: "'It's time to pursue a new approach to this issue absent of rigid, unworkable mandates,' said [the SHRM representative] in concluding her remarks. 'It's time to give employees greater flexibility and to give employers more predictability. It's time to encourage paid leave -- without stifling existing innovative benefits or hindering job creation.'" (Society for Human Resource Management)
SHRM, Democrats Tangle Over Paid Sick-Days Bill
Excerpt: "The HR organization's China Miner Gorman warns that the legislation mandating paid sick days would foist new requirements on employers that could turn out to be as difficult and costly to administer as the Family and Medical Leave Act -- whose 200 pages of regulations she held up at the hearing." (Workforce Management; free registration required)
Last Week's House Committee Hearing on Family and Paid Sick Leave: Some Links
Excerpt: "Last week, the Subcommittee on Workforce Protections of the House Committee on Education and Labor held hearings on paid sick leave and paid family leave. Mike Kruger, a staffer, sends along this note and these links for more info . . . ." (Workplace Prof Blog)
Milwaukee Paid Sick Leave Found Unconstitutional
Excerpt: "On June 12, 2009, the Milwaukee County Circuit Court . . . issued its decision in the Milwaukee Paid Sick Leave Ordinance . . . case. The Court found the Ordinance to be unconstitutional, invalidly enacted, and, consequently, unenforceable. Accordingly, businesses which employ workers in the City of Milwaukee will not have to comply with the Ordinance's mandates. A copy of the decision can be found at http://www.michaelbest.com//files//upload/sick-leave-decision.pdf." (Michael Best & Friedrich LLP)
Hearing on the Family Income to Respond to Significant Transitions Act, and the Healthy Families Act
June 11, 2009. Excerpt: "[The hearing will] examine proposals for expanding workers' access to paid family and sick leave. While more than 80 percent of Americans support having paid sick days, the U.S. is the only country among the 22 nations ranked high in economic and human development that doesn't guarantee paid sick leave to workers. The FIRST Act, H.R. 2339, provides grants to the states to implement and improve their paid family leave programs. Healthy Families Act, H.R. 2460, mandates that businesses with 15 or more employees provide up to 7 days of paid sick days to their employees." (U.S. House of Representatives, Committee on Education & Labor, Workforce Protections Subcommittee)
[Opinion] Workplace Flexibility versus Unpaid Leave
Excerpt: "Rather than relying on costly mandates like the FMLA, the government should consider policies that increase workplace flexibility. For instance, many employees would prefer to receive compensatory time off in lieu of overtime pay, but the Fair Labor Standards Act (FLSA) requires overtime work to be compensated with time-and-a-half cash wages. This means that employees who work extra hours one week are unable to offset those hours with comp time in a subsequent week. Since the 1970s, federal and state employees have been allowed to substitute comp time off in lieu of overtime wages. Private sector workers should have similar options." (National Center for Policy Analysis)
[Guidance Overview] Paid Parental Leave Passes House of Representatives
Excerpt: "The U.S. House of Representatives [on Thursday June 4] took a significant step toward improving paid parental leave benefits for federal employees who are new parents. The Federal Employees Paid Parental Leave Act of 2009 (H.R. 626), which passed the House this evening by a 258 to 154 vote, responds to the needs of tens of thousands of working families in the federal government by providing four weeks of paid parental leave for the birth, adoption, or fostering of a child." (U.S. House of Representatives, Committee on Oversight and Government Reform)
Mandatory Employee Sick Leave Legislation Introduced in House of Representatives (PDF)
2 pages. Excerpt: "The current bill would require employers with at least 15 employees to allow workers to earn at least 1 hour of paid sick leave, to be used for specific purposes, for every 30 hours worked . . . . Notably, then-Senator Obama supported the Healthy Families Act during the 110th Congress, which increases the likelihood that the current version of the bill will receive serious consideration. Rumors from Capitol Hill are that there seems to be momentum on this issue, which is likely to increase if health reform efforts stall." (Miller Chevalier)
[Guidance Overview] Fitness-for-Duty Certification Under the FMLA
Excerpt: "A fitness-for-duty certification may be required only when the employer has a uniformly-applied policy that requires all similarly situated employees (i.e., same occupation, same serious health condition) to provide a fitness-for-duty certification as a condition of reinstatement. Further, a fitness-for-duty certification may be required only when the need for FMLA leave is based on the employee's own serious health condition. Finally, the employer may seek certification only for the condition that necessitated the leave." (Faegre & Benson)
[Guidance Overview] Maryland General Assembly Amends and Clarifies Key Terms in the Maryland 'Flexible' Leave Act
Excerpt: "Based on concerns brought forth by the business community, the Maryland General Assembly overwhelmingly voted to revise and clarify key terms in the Maryland Flexible Leave Act (MFLA), which was originally signed into law on May 22, 2008. As an emergency measure, the amended Act became effective on May 19, 2009, the date on which the Governor signed it. The MFLA generally entitles employees to use any accrued personal paid leave for the illness of an immediate family member. The purpose of the amendments to the MFLA is to provide specific definitions of key terms that had previously been undefined. The new law contains definitions of significant terms referenced in the MFLA, such as 'employee,' 'employer,' 'child,' 'parent,' 'leave with pay' in addition to clarifying under what circumstances an employee is entitled to paid leave." (Littler Mendelson P.C.)
State of Washington Delays Paid Family Leave Mandate
Excerpt: "Washington Gov. Chris Gregoire has signed legislation that delays implementation of a 2007 law giving employees up to five weeks of paid leave after the birth or adoption of a child. The measure, S.B. 6158, that Gov. Gregoire signed Monday delays the effective date of the paid leave mandate to October 2012 from October 2009. The delay will give lawmakers more time to identify a funding source for the program in which employees would be eligible for up to $250 a week of paid leave for up to five weeks a year after the birth or adoption of a child." (Business Insurance)
[Guidance Overview] '2-Day Rule' for FMLA Notice No Longer Applies
Excerpt: "Unless it is an emergency, an employee who becomes aware of the need for FMLA leave less than 30 days in advance is generally expected to provide notice of the need for leave the same day (where the need is discovered during work hours) or the next business day (where the need is discovered after work hours), according to the Department of Labor. Therefore, it generally should be practicable for the employee to give notice within the time limits prescribed by the employer's call-in or notice policy." (Deloitte via BenefitsLink.com)
[Guidance Overview] Recent FMLA Case as Reminder to Employers About Importance of FMLA Policy
Excerpt: "In the Illinois case, based on the fact that the employer had fewer than 50 employees within 75 miles of the employee's worksite, the employer moved to dismiss the FMLA claim. The court denied the claim, focusing on two things. First, the court focused on the section of the company's employee handbook which discussed eligibility for FMLA leave. It provided only that, 'Employees who satisfy all of the following requirements are eligible for FMLA leave: The employee has actively worked for the company for at least 12 months as of the first day of FMLA Leave. The 12 months need not be consecutive;' and 'The employee has worked at least 1,250 hours?during the 12 month period immediately preceding the first day of FMLA leave.' The handbook did not include a reference to the '50/75' rule. In addition, representatives of the employer told the employee that she could have FMLA leave for the birth of her child." (Poyner Spruill LLP)
Bill Would Guarantee Up to 7 Paid Sick Days for American Workers
Excerpt: "A long-stalled effort to guarantee American workers paid sick days takes a big step forward Monday with the introduction of legislation by Congressional Democrats. . . . Business groups are vowing to block the legislation, arguing that the recession makes this an inopportune time to create a new mandate that they say would raise costs for employers." (The New York Times; free registration required)
Paid Sick Days Bill Reworked as Groups Start Dialogue on Flexibility
Excerpt: "Legislation that would ensure paid sick leave for American workers has been modified because of employer concerns about the way that time off was provided in a previous version of the bill, according to Capitol Hill staff and advocates. Under the measure, which will be introduced within days, employees would earn one hour of paid sick time for every 30 hours they work up to a total of 56 hours -- or seven days -- annually, said Karen Minatelli, director of work and family programs at the National Partnership for Women and Families." (Workforce Management; free registration required)
[Guidance Overview] New Jersey DOL Issues Regulations on Family Leave Insurance Benefits (PDF)
4 pages. Excerpt: "The New Jersey Department of Labor and Workforce Development recently issued final regulations on the state's new paid family leave insurance benefits. The New Jersey paid family leave law, which took effect January 1, 2009, allows eligible employees to receive qualifying leave benefits beginning July 1, 2009. This law impacts virtually all New Jersey employers." (Buck Consultants)
State of Washington to Delay Paid Parental Leave Implementation
Excerpt: "Washington state's paid parental leave law won't take effect this October as originally scheduled since lawmakers have postponed the effective date for three years (SB 6158). The law will provide employees with partial wages of up to $250 per week while taking up to five weeks of leave from work to bond with a new child. In January 2008, a legislative task force on funding options recommended state funding without any initial employer financing. However, lawmakers have yet to determine a funding mechanism." (Mercer LLC)
U.S. Maternity Leave Benefits Are Still Dismal
Excerpt: "Under the 1993 Family and Medical Leave Act, which passed after 10 years of legislative wrangling, working women are granted 12 weeks' unpaid time off to care for a newborn or adopted child, with the guarantee of the same job when they return. To qualify, they must have been employed for at least 12 months at the same firm before the time off and have worked a minimum of 1,250 hours during the same period. What makes this law so unhelpful for many working women is that companies with fewer than 50 employees are exempt from abiding by it--meaning that these smaller firms are not obligated to grant any time off to care for a newborn (or sick family member). Although many large companies, such as Wall Street outfits and telecommunication firms, offer some kind of paid-leave package, more than half of U.S. companies employ fewer than 50 people." (Forbes.com)
[Guidance Overview] DOL States that Employees Requesting FMLA Leave Generally Must Comply With the Employer's Call-Off Procedures
Excerpt: "Accordingly, based on the new opinion letter, if an employee fails to follow an employer's normal call-off procedures and there were no unusual circumstances that reasonably prevented the employee from adhering to those procedures, the employer may deny FMLA leave for the absence and apply its normal attendance rules to the employee." (Buchanan Ingersoll & Rooney PC)
[Guidance Overview] Discussing Health Problem with Supervisor Triggers FMLA
Excerpt: "The U.S. Court of Appeals for the 3rd Circuit reversed the district court's grant of summary judgment in favor of the employer on Sarnowski's FMLA and state law claims under the state Law Against Disabilities. Immediately before his termination, Sarnowski made it clear to his employer that his health problems were continuing. This was sufficient to satisfy the notice requirement of the FMLA, the 3rd Circuit held, and thus Air Brook could not interfere with his FMLA rights." (Workforce Management; free registration required)
Dismissal for Not Calling In Doesn't Violate FMLA
Excerpt: "Affirming the court's decision, the Minneapolis-based U.S. Court of Appeals for the 8th Circuit agreed that the hospital's call-in policy was permissible under applicable regulations; that Bacon signed an acknowledgment that the hospital's policies apply to employees absences; and that although Bacon's discharge interfered with her FMLA rights, Bacon was terminated to for failing to comply with the call-in policy, and that she would have been terminated for doing so irrespective of whether these absences were related to FMLA leave. Bacon v. Hennepin County Medical Center, 8th Cir., No. 08-1168, (12/22/08)." (Workforce Management; free registration required)
[Guidance Overview] DOL Says No Guaranteed Minimum Timing for FMLA Notice to Employer
Excerpt: "The Family and Medical Leave Act's (FMLA) requirement of a notice to the employer 'as is practicable' does not guarantee a worker a particular number of days in which to make that request, the Department of Labor (DoL) said. In an opinion letter from the agency's Wage and Hour Division, the DoL said its 1995 FMLA regulation did not intend to formally codify a one or two-day notice standard. The 1995 law mandated a notice to employers in instances when the need for the leave only became foreseeable less than 30 days before 'ordinarily would mean at least verbal notification to the employer within one or two business days of when the need for leave becomes known to the employee'." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Employer Response to Pandemic Flu Warnings (PDF)
Excerpt: "With the Swine Flu spreading globally under scrutiny of intensive media attention, and aggressive measures being taken by the CDC and WHO, most employers have diligently dusted off their disaster preparedness policies and notified workforces of published practices to maintain a healthy workplace. For the multinational employer, however, this can be a daunting task as the legal landscape of employee rights and employer obligations - from impact on wage and hour, leave laws, discrimination and privacy - can vary dramatically from jurisdiction to jurisdiction. This alert details US, Canadian and Mexican employment law in the context of this potential global pandemic." (Baker & McKenzie)
[Guidance Overview] H1N1 Flu Readiness: A Summary of Employment-Related Concerns
Excerpt: "H1N1 flu may qualify as a serious health condition for purposes of the federal Family and Medical Leave Act (FMLA) or analogous state law. Employees may be eligible to take FMLA leave for their own, or a family member's, health condition caused by the H1N1 flu. Similarly, an employer may designate such leave as FMLA leave -- even in advance of confirmatory information from the employee's health care provider. Leave taken by an employee for the purpose of avoiding exposure to the flu, however, would not be protected under the FMLA." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
Oversight Committee Votes to Provide Federal Employees Paid Parental Leave Benefits
Excerpt: "The Committee on Oversight and Government Reform today took an important step toward improving paid parental leave benefits for federal employees who are new parents. The Federal Employees Paid Parental Leave Act of 2009 (H.R. 626), responds to the needs of tens of thousands of working families in the federal government by providing 4 weeks of paid parental leave for the birth, adoption, or fostering of a child." (U.S. House of Representatives Committee on Oversight and Government Reform)
No Paid Leave for New Moms in the United States
Excerpt: "This Mother's Day we reflect on the critical but often overlooked issue of maternity leave. Among peer countries with comparable per capita income (i.e., those in the G7), the United States provides the fewest mandated maternity leave benefits in both length of leave and amount of paid time off . . . ." (Economic Policy Institute)
Employer's Calculation of Absenteeism Rate Violates FMLA, Court Says
Excerpt: "An employee fired for excessive absences may go to trial on her claim that the employer's absenteeism calculation violated the Family and Medical Leave Act (FMLA), a federal district court has ruled. The employer calculated absenteeism by dividing missed work hours by scheduled work hours, excluding FMLA leave from both figures. The court found omitting FMLA leave from scheduled work hours unlawfully penalized employees using this leave by reducing the allowable hours of non-FMLA absences. The ruling reminds employers to evaluate the practical impact of absence policies for FMLA compliance." (Mercer LLC)
The EEOC Issues Best Practices for Caregivers in the Workplace
Excerpt: "The Equal Employment Opportunity Commission is continuing to draw attention to caregiver discrimination, an issue that experts say has only grown more pervasive with the recession. In a technical assistance document, the EEOC says that adopting more flexible workplace policies can help employees achieve a work/life balance and enhance productivity, reduce absenteeism, lower costs and decrease discrimination claims. . . . The EEOC issues best practices for caregivers in the workplace, although critics noted that caregiving is not a protected class. Discriminating against caregivers, however, could result in Title VII, FMLA or ADA claims." (Human Resource Executive Online)
[Opinion] We Need Legislation to Grant Americans at Least Seven Paid Sick Days a Year
Excerpt: "It sounded like the responsible course of action when President Obama and the Centers for Disease Control and Prevention urged people with flu symptoms to stay at home so they do not infect others in the community -- and to keep any sick children out of school as well. . . . But what are civic-minded workers to do when staying home will cost many their daily pay and, in a recession-plagued economy, possibly their jobs if employers become exasperated over their absence?" (The New York Times; free registration required)
[Guidance Overview] Recertification of Need for Leave Under the FMLA
Excerpt: "Revised regulations, which took effect January 16, 2009, made sweeping changes to FMLA requirements and procedures. [T]he FMLA permits employers to require an employee to provide a medical certification to support the need for leave due to a serious health condition of the employee or of certain members of the employee's family. The FMLA also allows employers to require periodic recertification of the need for such leave. This article discusses the current FMLA rules regarding the recertification process for employees who are on leave due to the employee's own serious health condition or that of the employee's spouse, son, daughter or parent." (Faegre & Benson)
Employers Preparing for the H1N1 Virus: Benefits Preparedness
Excerpt: "In the benefits arena, employers whose employees and family members are impacted by the malicious bug would need to gear up for the fact that benefit plans such as employer-provided health plans and flexible spending accounts will likely get a work-out. Short-term disability programs which are often self-funded by the employer would get significant use as well in addition to paid-time off policies and employee assistance plans. Since most or all of these programs may be considered to be ERISA-covered plans and have either named or functional ERISA fiduciaries who are responsible for overseeing these plans, such individuals should, with the assistance of legal counsel, seriously consider taking steps now to determine whether their providers are prepared for a pandemic." (Attorney B. Janell Grenier via Benefitsblog.com)
[Guidance Overview] Summary of Recent Federal Employment Discrimination Law Cases Involving Employee Benefit Plans
21 pages, by attorney Andrew Stumpff. Prepared April 2009. Includes cases on age, gender, pregnancy and disability discrimination. Excerpt: "This represents a survey of recent court decisions involving the intersection of employment discrimination law and employee benefit law. Cash balance plan litigation is omitted, as are cases involving only ERISA Section 510. Case summaries are limited to only those parts of the decisions that relate to the interplay of employee benefits and employment discrimination law." (Stevenson Keppelman Associates)
[Guidance Overview] Correction to Author of Link: Milwaukee Issues Draft Administrative Rules on Paid Sick Leave Ordinance, Schedules Public Hearing
An earlier link to this item misidentified its author; BenefitsLink apologizes for the error! Excerpt: "Draft administrative rules detail Milwaukee's new paid leave ordinance, which requires employers to provide employees in the city one hour of paid leave for every 30 hours worked (or 40 hours if fewer than 10 employees), up to a maximum of 72 hours per calendar year." (Mercer)
House Legislation Proposes Up to 12 Weeks of Annual Paid Leave for U.S. Workers (PDF)
Excerpt: "On March 25, 2009, Rep. Pete Stark (D-CA), chair of the Committee on House Ways and Means Subcommittee on Health, introduced the Family Leave Insurance Act of 2009 (HR 1723), a bill that would provide workers up to 12 weeks of paid family and medical leave benefits annually. Workers who need time off to care for a new child, recover from an illness, care for an ill family member (including a domestic partner or the child of a domestic partner), or deal with an exigency caused by the military deployment of a family member could receive benefits under the proposed legislation." (Sutherland)
Decouple Family Leave & Antidiscrimination
Excerpt: "Julie Suk (Cardozo) has just posted on SSRN her article (forthcoming Columbia L. Rev.) Are Gender Stereotypes Bad for Women? Rethinking Antidiscrimination Law and Work-Family Conflict. Here's the abstract . . . ." (Workplace Prof Blog)
FMLA Is #1 Employment Law Headache, According to Poll
Excerpt: "Far and away, the Family and Medical Leave Act (FMLA) causes bigger headaches for human resource professionals than any other federal employment-related law, according to a recent poll on HR.BLR.com and Compensation.BLR.com. When asked 'Which federal employment-related law gives you the biggest headache?,' nearly half of respondents -- 49 percent--said it was FMLA." (Business & Legal Reports, Inc.)
Paid Family Leave Legislation Introduced in the House
Excerpt: "Four lawmakers have introduced legislation in the U.S. House of Representatives to provide 12 weeks of paid benefits to workers who need to take time off to care for an ill family member or a new child, or because of their own illness. According to a press release, Representatives Pete Stark (D-California), George Miller (D-California), Lynn Woolsey (D-California) and Carolyn Maloney (D-New York) introduced the Family Leave Insurance Act of 2009, which builds on the Family and Medical Leave Act." (PLANSPONSOR.com; free registration required)
[Guidance Overview] Webinar: Unscrambling the New Legislative Requirements for 2009-2010
Excerpt: "On March 17, Michael Rosenbaum, partner in the Chicago office with Gallagher Benefit Services hosting presented a webinar entitled 'Unscrambling The New Legislative Requirements 2009-2010'. This webinar focused on reviewing the list of legal/regulatory challenges facing HR professionals in 2009 and 2010, such as FMLA, Federal COBRA Subsidy, COBRA and the Trade Assistance Act (TAA) and HIPAA Privacy & Security. [A link is provided to the audio portion of this webinar.]" (Drinker Biddle & Reath LLP)
Paid Parental Leave for Federal Employees Advances in House
Excerpt: "The House federal workforce subcommittee on Wednesday passed a bill that would provide federal employees with four weeks of paid leave on the birth or adoption of a child. During the bill's markup, Democratic committee members and one Republican said the 2009 Federal Employees Paid Parental Leave Act (H.R. 626) would provide an important model to private sector employers. The legislation advances to the full House Oversight and Government Reform Committee." (GovernmentExecutive.com)
[Guidance Overview] The Medical Certification Process Under the FMLA
Excerpt: "The FMLA permits employers to require an employee to provide a medical certification to support the need for leave due to a serious health condition. This article discusses the current FMLA rules regarding the medical certification process for employees seeking leave due to the employee's own serious health condition or the serious health condition of the employee's spouse, son or daughter, or parent. Certifications for purposes of military family leave are beyond the scope of this article." (Faegre & Benson)
[Guidance Overview] Presentation: Welfare Plan Compliance Checklist, Legislative and Regulatory Update, and HIPAA Title II (PDF)
86 pages. Federal legislative changes for 2009 starts on page 2; A LEGISLATIVE AND REGULATORY UPDATE FOR HEALTH AND WELFARE PLANS starts on page 23; and, HIPAA TITLE II starts on page 56. (Marin Legal PC)
[Guidance Overview] New Jersey Department of Labor Issues Interpretive Regulations for Newly Implemented Paid Family Leave Law
Excerpt: "The new law became effective January 1, 2009, when employee contributions commenced. Eligible employees can take advantage of the law's leave benefits beginning July 1, 2009. The law provides eligible employees with up to six weeks of paid leave during any 12-month period1 to care for a sick family member or to bond with a newborn or a newly adopted child. The new regulations address a number of subjects including private plan approvals, employer notice requirements, claim filing and payment procedures, paid leave in lieu of FLI benefits, reduction of benefits under various circumstances and intermittent leave." (Littler Mendelson P.C.)
[Guidance Overview] Determining Employee Eligibility Under the FMLA
Excerpt: "To be eligible for FMLA leave an employee who works for a covered employer must satisfy the following criteria: 1. The employee must have been employed by the employer for at least a total of 12 months before the commencement of the leave; 2. The employee must have worked at least 1,250 hours in the 12 months immediately preceding the leave; and The employee must work at a site at which the employer has 50 or more employees within a 75-mile radius. These basic requirements from the act itself are expanded upon in the regulations." (Faegre & Benson)
[Guidance Overview] How to Reconcile Differing FMLA Leave Periods
Excerpt: "Your organization uses the calendar year to determine an employee's leave balance for all qualifying reasons other than military caregiver leave (which is required by regulation to begin on the first day the eligible employee takes military caregiver leave and ends 12 months after that date). How do you reconcile the use of leave to care for a covered servicemember with other FMLA leave?" (CCH INCORPORATED)
New Jersey Family Leave Law May Be Model for Nation
Excerpt: "New Jersey is the second state to create family leave insurance, which is similar to unemployment insurance. California was the first -- in 2004 -- and, while Washington State enacted its law before New Jersey, it has yet to implement it. In New Jersey, workers needing to care for a newborn or sick relative will be able to collect two-thirds of their weekly wage up to a maximum this year of $548. The benefit -- paid for, not by employers, but by employees through a payroll deduction -- lasts six weeks." (NJ.com)
[Guidance Overview] New FMLA Regulations Require Immediate Steps to Ensure Employer Compliance
Excerpt: "First, every employer covered by the FMLA is required to post a notice explaining employee rights and responsibilities under the FMLA ? including the new rights created by the military family leave amendments. An employer can fulfill this 'general notice' requirement by posting the newly revised DOL 'Employee Rights and Responsibilities' poster on its premises in conspicuous places where employees work. Covered employers must post this general notice even if they do not have any employees currently eligible to take FMLA leave. The new regulations provide that electronic posting of the general notice is sufficient, so long as it includes all of the information in the updated DOL rights and responsibilities poster and the electronic notice is accessible to all employees." (Perkins Coie LLP)
House Subcommittee Hearing, March 3, 2009: Encouraging Family-Friendly Workplace Policies
Excerpt: "The hearing will explore how family-friendly policies, such as grants to support state paid leave programs, paid leave, expansions to the Family and Medical Leave Act, and paid sick days make sound economic sense not only in good times, but during recessionary times as well." (U.S. House of Representatives Committee on Education & Labor)
[Guidance Overview] DOL's Final FMLA Regulations on Military Family Leave
Excerpt: "The Department of Labor (DOL) recently issued final Family and Medical Leave Act (FMLA) regulations addressing the new military family leave entitlements under the National Defense Authorization Act (NDAA) for fiscal year 2008. There are two new types of military leave: (1) qualifying exigency and (2) military caregiver. The regulations took effect Jan. 16." (Watson Wyatt Worldwide)
Paid-Leave Benefits: Vacations, Holidays, and Personal Leave: Access, Quantity, Costs, and Trends (PDF)
4 pages. Excerpt: "'Program Perspectives on Paid-Leave Benefits' presents BLS data on paid-leave benefits received by workers, such as holidays, vacations, and personal leave. This is the second issue of 'Program Perspectives,' a new publication in which BLS programs showcase their latest data." (U.S. Bureau of Labor Statistics)
[Guidance Overview] Employer Obligations under FMLA
Excerpt: "[This column on the Family and Medical Leave Act addresses] an employee's right to have the same job after returning from FMLA leave as well as some of the complexities dealing with intermittent leave." (Human Resource Executive Online)
[Guidance Overview] Equivalent Pay and Bonuses Under the FMLA
Excerpt: "An employee returning from FMLA leave is entitled to return to the same position he or she held when leave commenced or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. This means, upon reinstatement, an employee is entitled to any unconditional pay increases that occurred during the FMLA leave period, such as cost of living increases. Pay increases conditioned upon seniority, length of service or work performed must also be granted in accordance with the employer's policy or practice with respect to other employees on an equivalent leave status for a reason that does not qualify as FMLA leave." (Faegre & Benson)
[Guidance Overview] Update on Suggested Use of New FMLA Forms
Excerpt: "[T]he new Family and Medical Leave Act regulations took effect on January 16, 2009. The new regulations included reference to new required notices to employees and a new required workplace poster. The Department of Labor ('DOL') included as appendices to the regulations suggested prototype notices, new suggested medical certification forms, and the text for the new poster. . . . Not surprisingly, employers are already experiencing some confusion about how to use these new notices. The [target page offers] a brief 'step-by-step' approach." (Porter Wright Morris & Arthur LLP)
[Guidance Overview] New FMLA Regulations: What Every Employer Should Know
Excerpt: "In November 2008, the U.S. Department of Labor published revised regulations to the Family and Medical Leave Act (FMLA or the Act) for the first time in the Act's 15-year history. The much anticipated regulations are over 750 pages long and take effect on Jan. 16, leaving scant time for employers to implement new procedures to comply with the law. The most significant of these changes are addressed herein." (Law Journal Newsletters' The Corporate Counselor via Blank Rome LLP)
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