Can you count FMLA leave under your no-fault attendance policy?

The Department of Labor (DOL) recently clarified how attendance policies can lead to violations of the Family and Medical Leave Act (FMLA). No-fault attendance policies give employees points for every absence instead of distinguishing among reasons for leave. For example, a father who misses three days of work to care for his young daughter in [...]

June 10th, 2022|FMLA|

Penalties for FLSA violations increase in 2022

The cost of everything seems to be going up--and that includes fines for violations of the Fair Labor Standards Act (FLSA). The Department of Labor announced its latest penalty amounts in the Federal Register on January 14, 2022. Here's what has changed for 2022 as it pertains to the FLSA and some other laws administered [...]

Employee fired after FMLA leave request was ignored

BFI Waste Management in Little Rock, AR was ordered to pay a worker $36,007 in back wages. The company had fired the worker for being absent, even though the employee had informed a supervisor of the need for FMLA leave and the leave was approved by the company’s third-party FMLA administrator. Even after the company [...]

January 21st, 2022|FMLA|

Violation of company’s no-call/no-how policy

After a nurse was terminated for violating her employer's no-call/no-show attendance policy, she sued under the Family and Medical Leave Act (FMLA). The case recently reached the Sixth Circuit Court of Appeals, and the Court sided with the employer. One key point? Her leave was foreseeable. So she should have given notice as soon as [...]

November 19th, 2021|FMLA|

DOL: Intermittent FMLA leave can be used to attend these school meetings

DOL: Intermittent FMLA leave can be used to attend these school meetings Discussions about children’s health need qualify under law Now that the school year’s started, you may see parents take time off from work to attend their children’s school functions. Be aware: In certain cases, this may qualify as intermittent leave under the Family [...]

December 5th, 2019|FMLA|

Can Employees take paid leave, then FMLA leave?

Can Employees take paid leave, then FMLA leave? DOL says… Latest guidance for Payroll on tricky situation Consider this scenario: An employee who’s thinking medical leave under the Family and Medical Leave Act (FMLA) starts making paid-time-off requests to use up all his time before going on leave. This worker doesn’t want his certification for [...]

July 24th, 2019|FMLA|

DOL clarifies if organ donation is a ‘serious health condition’ under FMLA

    How to handle healthy employee who donates   Sometimes, it can be confusing to figure out what counts as a “serious health condition” that qualifies for leave under the Family and Medical Leave Act (FMLA).   The Dept. of Labor (DOL) released an opinion letter discussing whether one unique procedure is eligible for [...]

November 28th, 2018|FMLA|

FMLA & Health coverage: Errors made employer liable for medical expenses

    Roofing company owes $63K due to issues with leave, insurance   When an employee needs time off because of an illness, it’s critical for employers to inform the person of all their rights under the Family and Medical Leave Act (FMLA).   This includes whether their illness could be eligible for FMLA leave [...]

October 23rd, 2018|FMLA|

New info from DOL clarifies when rest breaks must be paid

FMLA may supersede rules on breaktimes   What happens when an employee asks to take repeated, short breaks each workday for a health condition?   Should you be making sure that person gets paid – or does the Family and Medical Leave Act (FMLA) supersede the rules on breaktimes?   The Dept. of Labor (DOL) [...]

July 26th, 2018|FMLA, Recordkeeping|

Paid family and medical leave credit: Latest need-to-know info from IRS

Details about how companies leave programs can qualify   The IRS has just released more details about the new paid family and medical leave business credit. An FAQ from the agency clarifies some of the key requirements companies must meet to collect the credit. Here are the highlights.   Wages and more   To claim [...]

June 14th, 2018|FMLA|