Tag: FMLA

Get Back to Work!

Laura Kerekes writes a monthly “Innovative Workplace” column for Rough Notes, a publication that has been serving the insurance industry since 1878. While written for brokers, the information in her column applies equally to employers. Enjoy her December column on workers’ compensation. Managing the Intersection of Workers’ Compensation with Other Leave Regulations You’re ready when the…

Question: We give year-end bonuses based on attendance, and employees with a certain number of absences are disqualified. If an employee took FMLA leave, can we count those absences against them and withhold the attendance bonus? Answer: Yes, if you apply the rubric used to qualify employees for the bonus consistently across all “equivalent leave…

Ask the Experts: Flu and FMLA

Question: Is the common flu considered a serious health condition under the Family and Medical Leave Act (FMLA)? Answer: Most cases of the common flu do not meet the definition of “serious health condition” and would not be eligible for Family and Medical Leave Act (FMLA) leave. Some cases of the flu, however, are severe…

DOL Delays Overtime Rule Until March 2019 In fall 2018, the U.S. Department of Labor, Wage and Hour Division (WHD) announced that it intends to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 to determine the appropriate salary level for exemption of executive, administrative, and professional employees. The WHD stated that it is…

HHS Hurricane Florence and HIPAA Bulletin Released In light of the public health emergencies announced for the Carolinas due to Hurricane Florence, the federal Department of Health and Human Services (HHS) released a Hurricane Florence and HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency. Read the bulletin E-Verify Expands Access…

IRS Permits Student Loan Repayment Benefit as Part of Employer’s 401(K) On August 17, 2018, the federal Internal Revenue Service released a private ruling letter (Number 201833012) concluding that an employer may amend its 401(k) plan to provide student loan repayments (SLR) nonelective contributions under the program without violating the “contingent benefit” prohibitions of 26…

Question: When an employee requests child bonding leave for an adoption, what documentation can the employer require for verification? Answer: Under the federal Family and Medical Leave Act (FMLA), employers may not request a certification for leave to bond with a healthy newborn child or a child placed for adoption or foster care. However, employers…

FMLA Forms Expire June 1

The Department of Labor’s (DOL’s) Family and Medical Leave Act (FMLA) forms expire at midnight tonight. So what should you do? Keep using them. (Note that use of these forms was already optional.) The DOL is required to submit forms to the Office of Management and Budget (OMB) for approval every three years. The DOL…

Question: How should we handle a Family and Medical Leave Act (FMLA) leave request for an employee to care for a parent who lives outside the United States? Can we request translation and notarization of paperwork? Answer: The same leave allowance and notice requirements apply to a leave taken to care for a family member…

DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in…