Leave

When does 50 not equal 50? FMLA coverage versus FMLA eligibility

05/06/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility, which both have the magic number 50 as a key component.

Disciplining? Consider employee’s FMLA status

05/06/2011

Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011

Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.

Is it legal to offer comp time?

04/28/2011

Q. Some of our full-time, salaried employees have to put in a lot of extra time for off-hours meetings and additional workload responsibilities. Is it legal to give these employees extra time off from work?

Baltimore salon styles benefits rare in industry

04/21/2011

At most hair salons, stylists are on their own when it comes to time off and health benefits. But the owners of Studio 921 Salon & Day Spa in Baltimore are different, offering one paid week of annual leave to employees who have worked a year, a 401(k) plan with a 3% match and group health insurance.

What’s the law on granting time off for workers who want to attend kids’ school activities?

04/20/2011

Q. Several of our employees have requested time off for their children’s end-of-year school events. What is our obligation to grant workers this time off?

Accruing sick leave while on FMLA

04/15/2011

Q. If an employee is on FMLA paid sick leave, can we stop her from accruing sick leave while out?

Remind employees: They must continue to pay health insurance premiums while on FMLA

04/15/2011

Employees out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues.

Does the FMLA grant leave for foreign adoptions?

04/14/2011

Q. One of our employees is adopting a 5-year-old Ethiopian child and has asked for leave to travel to complete the adoption and bond with the child when they return to Minnesota. Does this count as FMLA leave, since it is not leave within the first year of the child’s life? If it does, is the travel time eligible for FMLA leave?

Grant FMLA leave for pregnancy-related conditions