DOL Revises Paid Leave Requirements Under FFCRA
|
09/14/2020
|
By: Boyd Byers
|
On
Sept.
11,
2020,
the
U.S.
Department
of
Labor
issued
revisions
to
its
regulations
that
implement
the
paid
sick
leave
and
expanded
family
and
medical
leave
provisions
of
the
Families
First
Coronavirus
Response
Act
(FFCRA).
The
revised
rule
will
take
effect
on
Sept.
16,
2020,
when
it
will
be
published
in
official
form.
Revised
Regulations
Respond
to
Court
Ruling
These
revisions
were
made
to
clarify
workers’
rights
and
employers’
responsibilities
under
the
FFCRA’s
paid
leave
provisions
in
light
of
a
New
York
court’s
order
finding
portions
of
the
initial
regulations
invalid.
Specifically,
the
court
set
aside
four
parts
of
the
regulations:
(1)
the
requirement
that
paid
sick
leave
and
expanded
family
and
medical
leave
are
available
only
if
an
employee
otherwise
has
work
from
which
to
take
leave;
(2)
the
requirement
that
an
employee
may
take
FFCRA
leave
intermittently
only
with
employer
approval;
(3)
the
definition
of
an
employee
who
is
a
“health
care
provider,”
whom
an
employer
may
exclude
from
being
eligible
for
FFCRA
leave;
and
(4)
the
statement
that
employees
who
take
FFCRA
leave
must
provide
their
employers
with
certain
documentation
before
taking
leave.
In
its
revised
regulations,
DOL
does
the
following:
- Reaffirms
and
provides
additional
explanation
for
the
requirement
that
employees
may
take
FFCRA
leave
only
if
work
would
otherwise
be
available
to
them.
- Reaffirms
and
provides
additional
explanation
for
the
requirement
that
an
employee
must
obtain
employer
approval
to
take
FFCRA
leave
intermittently.
Continue Reading...
|
|
New York Court Vacates Portions of FFCRA Regulations
|
08/19/2020
|
By: Tara Eberline
|
On
August
3,
2020,
a
federal
judge
in
the
U.S.
District
Court
for
the
Southern
District
of
New
York
invalidated
several
key
portions
of
the
U.S.
Department
of
Labor’s
(“DOL”)
Final
Rule
implementing
the
Families
First
Coronavirus
Response
Act
(“FFCRA”).
The
FFCRA
provides
emergency
paid
sick
leave
and
expanded
family
and
medical
leave
to
employees
unable
to
work
for
certain
qualifying
reasons
related
to
COVID-19.
After
Congress
passed
the
Act,
the
DOL
promulgated
a
Final
Rule
implementing
the
FFCRA’s
provisions.
Almost
immediately,
the
State
of
New
York
filed
suit
against
the
DOL,
claiming
that
several
portions
of
the
Final
Rule
exceeded
the
DOL’s
authority
under
the
FFCRA.
The
Court
largely
agreed
with
the
State
of
New
York,
striking
down
the
Final
Rule’s
(1)
“work
availability”
requirement;
(2)
definition
of
“health
care
provider;”
(3)
employer
consent
for
intermittent
leave
requirement;
and
(4)
the
requirement
that
employees
provide
documentation
before
taking
FFCRA
leave.
“Work
Availability”
Requirement
Under
the
Final
Rule,
employees
are
not
entitled
to
emergency
paid
sick
leave
or
expanded
family
and
medical
leave
if
their
employer
has
no
work
available
for
them.
The
State
challenged
this
requirement,
arguing
it
was
contrary
to
both
the
text
and
purpose
of
the
FFCRA.
The
Court
agreed,
describing
the
DOL’s
“barebones
explanation”
for
the
requirement
as
“patently
deficient,”
especially
when
considering
Continue Reading...
|
|
DOL Releases Updated FMLA Forms
|
07/20/2020
|
By: Travis Hanson
|
The
U.S.
Department
of
Labor
(“DOL”)
recently
published
seven
new
Family
and
Medical
Leave
Act
(“FMLA”)
forms.
These
optional-use
forms
can
be
used
by
employers
to
provide
required
notices
to
employees,
and
by
employees
to
provide
appropriate
certification
of
their
need
for
leave.
However,
employers
are
still
free
to
use
their
own
forms,
so
long
as
they
provide
the
same
basic
notice
information
and
require
only
the
same
basic
certification
information.
The
new
forms
are:
- WH-380-E
–
Employee’s
Serious
Health
Condition
–
for
use
when
a
leave
request
is
due
to
the
medical
condition
of
the
employee.
- WH-380-F
–
Family
Member’s
Serious
Health
Condition
–
for
use
when
a
leave
request
is
due
to
the
medical
condition
of
the
employee’s
family
member.
- WH-381
–
Rights
and
Responsibilities
Notice
–
informs
the
employee
of
the
specific
expectations
and
obligations
associated
with
the
FMLA
leave
request
and
the
consequences
of
failure
to
meet
those
obligations.
- WH-382
–
Designation
Notice
–
informs
the
employee
whether
the
FMLA
leave
request
is
approved;
also
informs
the
employee
of
the
amount
of
leave
that
is
designated
and
counted
against
the
employee’s
FMLA
entitlement.
- WH-384
–
Qualifying
Exigency
–
for
use
when
the
leave
request
arises
out
of
the
foreign
deployment
of
the
employee’s
spouse,
son,
daughter,
or
parent.
- WH-385
–
Military
Caregiver
Leave
of
a
Current
Servicemember
–
for
use
when
requesting
leave
to
care
for
Continue Reading...
|
|
U.S. Department of Labor Issues Regulations Explaining Paid Sick Leave and Expanded FMLA Benefits Under FFCRA
|
04/01/2020
|
By: Teresa Shulda
|
Today,
the
U.S.
Department
of
Labor
issued
its
regulations
to
implement
the
Emergency
Paid
Sick
Leave
Act
and
Emergency
Family
and
Medical
Leave
Expansion
Act,
both of
which
are
part
of
the
Families
First
Coronavirus
Response
Act
(FFCRA
or
Act).
The
FFCRA,
which
became
law
on
March
18,
went
into
effect
today,
April
1.
The
FFCRA
The
FFCRA
requires
certain
employers
with
fewer
than
500
employees
to
provide
their
employees
with
paid
sick
leave
and
expanded
family
and
medical
leave
for
specified
reasons
related
to
COVID-19,
which
are
subject
to
a
100%
refundable
tax
credit.
Generally,
employers
covered
under
the
Act
must
provide
employees
up
to
two
weeks
(80
hours
or
a
part-time
employee’s
two-week
equivalent)
of
paid
sick
leave,
at
full
pay
(up
to
a
$511
per
day)
if
they
are
subject
to
a
quarantine
order
related
to
COVID-19,
they
have
been
advised
by
a
healthcare
provider
to
self-quarantine
related
to
COVID-19,
or
are
experiencing
symptoms
related
to
COVID-19.
The
Act
also
provides
for
up
to
two
weeks
of
paid
sick
leave
at
two-thirds
pay
(up
to
$200
per
day)
to
employees
if
they
are
caring
for
an
individual
who
is
subject
to
a
quarantine
order
or
has
been
advised
by
a
healthcare
provider
to
self-quarantine,
and
up
to
12
weeks
of
paid
sick
leave
Continue Reading...
|
|
DOL Issues FFCRA Employee Notice Form
|
03/25/2020
|
By: Boyd Byers
|
This
afternoon
the
United
States
Department
of
Labor
(DOL)
issued
its
model
notice
of
employee
rights
regarding
paid
sick
leave
and
expanded
family
and
medical
leave
under
the
Families
First
Coronavirus
Response
Act
(FFCRA).
The
model
notice
describes
information
regarding
the
FFCRA’s
paid
leave
entitlements,
eligibility
requirements,
qualifying
reasons
for
leave
related
to
COVID-19,
and
the
DOL’s
enforcement
authority.
A
copy
of
the
notice
is
available here.
Employers
are
required
to
post
this
notice
in
conspicuous
places
on
their
premises
where
notices
to
employees
are
customarily
posted.
However,
the
posting
requirement
does
not
become
effective
until
the
FFCRA’s
effective
date,
which
the
DOL
says
will
be
April
1.
Prior
to
that
date,
the
DOL
will
be
issuing
regulations
that
should
help
clarify
some
ambiguities
and
further
explain
employer
obligations
under
the
FFCRA.
Accordingly,
it
may
make
sense
for
employers
to
hold
off
on
posting
the
notice
until
then,
because
posting
could
generate
questions
about
issues
on
which
we
are
still
waiting
for
DOL
guidance.
Employers
should
discuss
this
with
their
legal
counsel.
You
can
read Foulston's
issue
alert
about
employers’
obligations
under
the
FFCRA here.
We’ll
provide
further
information
when
the
DOL
issues
its
regulations.
Stay
tuned!
|
|
Coronavirus: Tax and Employee Benefit Considerations – Part 2
|
03/24/2020
|
By: Jason Lacey
|
Employer-sponsored
group
health
plans
have
drawn
attention
regarding
coverage
for
certain
coronavirus-related
costs.
Under
the
FFCRA,
all
group
health
plans
are
now
required
to
provide
coverage
for
COVID-19
testing
without
imposing
deductibles,
copayments,
or
other
cost
sharing
—
and
without
requiring
prior
authorization
or
imposing
other
medical
management
standards.
This
coverage
must
include
both
the
cost
of
the
test
and
related
services,
such
as
charges
for
office,
telehealth,
urgent
care,
or
ER
visits
and
charges
for
the
collection
of
testing
samples.
The
testing
mandate
applies
to
all
types
of
group
health
plans,
including
fully
insured
plans,
self-insured
plans,
high
deductible
health
plans
(HDHPs),
and
plans
that
are
otherwise
“grandfathered”
from
certain
ACA
requirements.
The
mandate
also
applies
to
fully
insured
plans
sold
in
the
individual
insurance
market.
This
mandate
only
applies
to
coverage
of
COVID-19
testing
and
related
services.
Coverage
of
treatment
for
COVID-19
remains
subject
to
the
terms
of
each
plan,
including
applicable
cost
sharing
requirements.
IRS
Notice
2020-15
clarifies
that
an
HDHP
may
provide
benefits
for
COVID-19
testing
or
treatment
prior
to
satisfaction
of
the
minimum
deductible
without
jeopardizing
the
plan’s
status
as
an
HDHP.
Individuals
covered
under
an
HDHP
may
receive
no-deductible
or
low-deductible
coverage
for
these
costs
and
remain
eligible
to
contribute
to
a
health
savings
account
(HSA).
A
new
package
of
proposed
federal
legislation,
currently
called
the
CARES
Act,
would
provide
additional
flexibility
with
respect
to
HDHPs
and
HSAs:
- An
HDHP
could
provide
for
coverage
of
telemedicine
visits
even
if
the
HDHP
deductible
has
not
been
Continue Reading...
|
|
Coronavirus: Tax and Employee Benefit Considerations – Part 1
|
03/23/2020
|
By: Jason Lacey
|
The
Families
First
Coronavirus
Response
Act
(FFCRA),
which
was
enacted
on
March
18,
2020,
established
two
new
categories
of
paid
leave
to
assist
workers
needing
time
off
for
certain
coronavirus-related
purposes:
(1)
up
to
two
weeks
of
paid
sick
leave,
and
(2)
up
to
ten
weeks
of
paid
FMLA
leave.
These
paid
leave
mandates
apply
to
private
sector
employers
with
fewer
than
500
employees
and
public
sector
employers
of
any
size.
Although
the
FFCRA
requires
covered
employers
to
provide
these
new
types
of
paid
leave
to
qualifying
employees,
it
establishes
a
process
for
eligible
employers
to
obtain
reimbursement
from
the
federal
government
for
the
cost
of
the
paid
leave
through
refundable
credits
against
Social
Security
payroll
taxes.
The
tax
credit
is
available
to
all
private
sector
employers
that
are
subject
to
the
FFCRA
paid
leave
mandates,
regardless
of
the
type
of
entity
(C
corporation,
S
corporation,
partnership,
LLC,
or
sole
proprietorship).
Public
sector
employers
are
expressly
excluded
from
eligibility
for
the
tax
credit,
although
they
are
subject
to
the
paid
leave
mandates.
Private
sector
employers
with
500
or
more
employees
also
are
not
eligible
for
the
credit,
even
if
they
voluntarily
provide
paid
leave
that
mirrors
the
FFCRA
requirements.
An
eligible
employer’s
payroll
tax
credit
for
each
calendar
quarter
is
an
amount
equal
to
100%
of
the
qualified
sick
leave
wages
and
100%
of
the
qualified
family
leave
wages
paid
by
such
employer
for
the
quarter.
The
credit
is
limited
to
the
maximum
amount
of
the
paid
leave
required
to
be
paid
Continue Reading...
|
|
Families First Coronavirus Response Act Becomes Law
|
03/19/2020
|
By: Sarah Stula
|
Last
week,
the
U.S.
House
of
Representatives
passed
the
Families
First
Coronavirus
Response
Act
(H.R.
6201),
which,
among
many
other
things,
provides
paid
leave
for
employees
who
must
stay
home
to
care
for
themselves
or
their
families
during
the
COVID-19
pandemic.
Yesterday,
the
Senate
passed
the
Act,
and
President
Trump
signed
it
into
law.
The
Act
makes
sweeping
changes
to
the
Family
and
Medical
Leave
Act
(FMLA)
and
has
immediate
consequences
for
employers.
The
Act
creates
two
types
of
paid
leave:
(1)
up
to
two
weeks
of
sick
leave
for
an
employee
who
is
subject
to
quarantine
or
experiencing
COVID-19
symptoms,
is
caring
for
someone
who
is
quarantined
or
ill,
or
is
caring
for
a
child
who
cannot
go
to
school;
(2)
and
up
to
12
weeks
of
FMLA
leave
for
an
employee
to
care
for
a
child
who
cannot
go
to
school
or
daycare
because
of
COVID-19.
Employers
will
be
subsidized
for
the
paid
leave
through
tax
credits.
Employers
must
prepare
to
implement
the
Act
as
soon
as
possible.
Though
a
deep
dive
is
needed
to
fully
understand
your
organization’s
obligations
under
the
Act
and
implement
a
compliance
plan,
here
are
some
of
the
important
things
you
should
know
right
now.
1.
When
is
the
Act
effective?
The
new
paid
leave
rules
will
take
effect
“not
later
than”
April
2,
2020,
and
expire
on
December
31,
2020.
|
|
Is It Time to Update Your Parental Leave Policy?
|
04/23/2019
|
By: Sarah Otto
|
According
to
the
United
States
Department
of
Labor
(DOL),
nine
out
of
10
new
fathers
in
the
United
States
took
some
time
off
work
for
the
birth
or
adoption
of
a
child,
but
the
amount
of
time
that
new
dads
take
off
work
is
generally
very
low.
Seven
out
of
10
fathers
took
10
days
or
less
of
parental
leave.
The
DOL
notes
that
fewer
employers
offer
paid
parental
leave
for
men
than
for
women,
and
fewer
men
report
receiving
paid
parental
leave
than
women.
While
21%
of
women
take
parental
leave,
only
13%
of
men
do
the
same.
Updating
your
parental
leave
policy
to
offer
leave
for
new
dads
could
be
good
for
your
business.
A
recent
study
by
Ernst
&
Young
found
that
83%
of
millennials
would
be
more
likely
to
join
a
company
that
offered
paternity
leave.
Additionally,
the
Council
of
Economic
Advisers
found
that
allowing
more
expansive
parental
leave
improved
an
employer’s
recruitment
and
retention
of
employees
and
also
improved
employee
motivation
and
productivity.
Many
companies
are
taking
note:
Netflix
is
offering
“unlimited”
paternity
leave
for
fathers
and
mothers
during
the
child’s
first
year.
Microsoft
offers
12
weeks
of
paid
leave
for
mothers
and
fathers,
Ford
Motor
Company
offers
eight
weeks
paid
leave,
and
Amazon
gives
all
parents
six
weeks
of
paid
leave.
Ensuring
your
parental
leave
policy
complies
with
the
Equal
Pay
Act,
Title
VII,
and
the
Family
Medical
Continue Reading...
|
|
Leave as an ADA Accommodation: How Much is Enough
|
11/16/2015
|
By: Donald Berner
|
Consider
this
fact
pattern:
An
employee
has
a
back
problem
that
stretches
out
over
a
long
period
of
time.
At
some
point,
the
back
problem
becomes
severe
enough
the
employee
goes
out
on
FMLA
leave.
During
the
twelve
weeks
of
FMLA
leave,
the
employee
ends
up
scheduling
a
surgery.
The
surgery
takes
place
near
the
end
of
the
twelve
week
FMLA period
and
the
employee
has
a
set
of
lifting
restrictions
that
don't
allow
the
employee
to
perform
the
essential
functions
of
the
position.
Under
those
facts,
there
is
no
way
the
employee
can
return
to
work
at
the
conclusion
of
the
FMLA
leave. Now
what?
Employers face
fact
patterns like
this
one
on
a
fairly regular
basis.
A
reasonable
accommodation
under
the
ADA
might
be
to
provide
the
employee with
additional
leave
beyond
the
protected twelve-week
FMLA absence.
These
cases
are
usually
fact-specific and
can
be
tricky
to
resolve.
A
federal
court
in
Wisconsin
recently
decided
a
case with
this
set
of
basic
facts.
In
the
case,
the
employee requested
another
two
to three
months
of
additional
leave
to
allow
for
recovery
from
the
surgery. The
employer
denied the
request
for
the
additional
leave
and
ended
the
employment
relationship. As
you
might
expect,
the
employee
brought
an
ADA claim
against
the
employer. In what
might
be
a
surprise
for
employers,
the
court ruled
in favor
of the
employer.
The
court
focused
on
the
fact
the
employee
had
not
been
able
to
perform
the
job
duties
for
the three
months
during
the
FMLA leave
and
that
the
anticipated
two
to
three
additional
months
was
too
long
for
the
employee
to
be
away
from
work.
Keep
in
Continue Reading...
|
|
DOL "Spouse" Rule on Hold in Four States
|
04/20/2015
|
By: Donald Berner
|
The DOL recently
issued
a
final
rule
modifying
the
definition
of
spouse
under
the
FMLA. The
change
would
recognize
a
same-sex
spouse
for
purposes
of
the
FMLA based
on
where
the
celebration
of
the
marriage
occurred
as
opposed
to
where
the
employee
lives. Shortly
after
the
issuance
of
the
rule,
the
states
of
Texas,
Louisiana,
Arkansas,
and
Nebraska
filed
for
and
obtained
a
temporary
injunction
blocking
the
rules
application
in
those
states.
The
DOL presently
intends
to
enforce
the
rule
as
written
in
the
other
46
states
not
participating
in
the
filing.
Stay
tuned
for
further
developments.
|
|
FMLA Master Class for Kansas Employers
|
06/12/2014
|
By:
|
Spend
a
day
with
Foulston
Siefkin
employment
lawyers
taking
a
deep
dive
into
FMLA
issues
such
as
curbing
abuse
and
fraud,
ensuring
that
you
are
in
compliance
with
tricky
notice
requirements,
and
how
to
issue
discipline
and
terminate
employees
without
running
afoul
of
the
FMLA.
This
day-long
course
is
offered
on
June
18,
2014,
starting
at
8:30
a.m.,
at
the
Commerce
Bank
Center,
1551
N.
Waterfront
Parkway,
Wichita,
Kansas.
This
course
has
been
approved
for
up
to
6.25
hours
of
PHR/SPHR
credit.
If
you’d
like
to
sign
up,
please
visit
www.HRHero.com/ks-fmla
to
register.
If
you
use
the
“Friends
of
Foulston”
code
S1491,
you
can
receive
a
20%
discount
on
the
registration
fee.
|
|
FMLA Changes Proposed in Congress
|
04/30/2013
|
By: Donald Berner
|
A
bill
was
introduced
last
week
to
amend
the
FMLA.
The
proposed
changes
focus
on
expanding
the
family
relationships
covered
under
the
law.
The
bill
expands
coverage
to
allow
leave
to
care
for
adult
children,
siblings,
grandchildren,
grandparents,
parent-in-law,
and
same-sex
spouses
or
domestic
partners. Stay
tuned
as
this
proposal
begins
its
journey
through
Congress.
|
|
New FMLA Posters and Forms In Effect
|
03/11/2013
|
By: Donald Berner
|
In
honor
of
the
20th
anniversary
of
the
FMLA,
the
DOL
issued
final
rules
regarding
the
amendments
to
military
family
leave
and
airline
flight
crew
FMLA
eligibility.
As
part
of
the
final
rules,
as
of
March
8,
2013,
employers
must
use
updated
FMLA
notice
and
certification
forms.
|
|
FMLA XX
|
02/05/2013
|
By: Boyd Byers
|
What
day
of
the
year
is
FMLA
leave
accessed
the
most? The
day
after
the
Super
Bowl. Seriously.
This
fact
underscores
how
the
FMLA
is
subject
to
employee
misuse
and
creates
burdens
for
employers. “It’s
a
ripple
effect,”
says
Marc
Freedman
of
the
U.S.
Chamber
of
Commerce. “Other
people
have
to
cover
for
them. Customers
are
left
wanting. It
can
create
a
lot
of
problems
throughout
the
workplace.”
Twenty
years
ago
today,
President
Clinton
signed
the
FMLA
into
law. Since
then,
employers
have
struggled
to
administer
employee
leave
and
comply
with
the
law. FMLA
consistently
tops
the
list
of
HR’s
legal
questions,
according
to
the
Society
for
Human
Resource
Management.
Today
the
U.S.
Department
of
Labor
is
holding
a
party
to
celebrate
the
FMLA’s
twentieth
anniversary. Former
President
Clinton and
other
dignitaries
will
speak. And
in
honor
of
the
occasion,
DOL
gave
you
a
present—new
regulations!
The
new
rules
implement
and
interpret
two
statutory
amendments
that
expanded
FMLA
protections.
The
first
expansion
provides
families
of
eligible
veterans
with
the
same
job-protected
FMLA
leave
currently
available
to
families
of
military
service
members,
and
it
also
enables
more
military
families
to
take
leave
for
activities
that
arise
when
a
service
member
is
deployed.
The
second
expansion
modifies
existing
rules
so
that
airline
personnel
and
flight
crews
are
better
able
to
make
use
of
the
FMLA’s
protections.
For
a
summary
guide
to
the
new
regulations
in
Q
&
A
format,
click
here. If
you
have
a
couple
of
hours
to
kill
and
are
a
glutton
for
punishment,
you
can
link
to
the
new
rule
itself
here
Continue Reading...
|
|
Adult Children and the FMLA: New DOL Guidance
|
01/22/2013
|
By: Donald Berner
|
The
Department
of
Labor
issued
a
new
interpretation
letter
last
week
addressing
the
issue
of
adult
children
under
the
FMLA.
As
most
of
you
are
aware,
employees
are
not
generally
able
to
seek
FMLA
to
care
for
a
child
over
the
age
of
18.
For
an
employee
to
be
able
to
take
leave
to
care
for
an
adult
child
with
a
serious
health
condition,
the
adult
child
must
be
incapable
of
self-care
because
of
a
mental
or
physical
disability.
The
hard
part
for
employers is
deciding
whether
the
adult
child
actually
clears
that
threshold.
In
its
interpretation
letter,
the
DOL notes
that
an
employee
is
eligible
for
FMLA leave
to
care
for
an
adult
child
if
the
adult
child
has
a
disability
as
defined
by
the
ADA,
is
incapable
of
self-care
due
to
the
disability,
has
a
serious
health
condition,
AND
is
in
need
of
care
due
to
the
serious
health
condition.
The
important
point
for
employers
to
take
away
is the
adult
child
needs
to
trigger
all
four
of
those
elements.
The
interpretation
letter
contains
a
couple
of
examples
to
help
employers
understand
how
these
adult-child
rules
will
be
applied.
In
one example,
an
adult
child
has
an
auto
accident
and is
likely
to
clear
the
threshold
and
allow
a
parent
to
take
FMLA leave.
In
another
example,
an
adult
child
suffering
from
diabetes
is
determined
not to
clear
the
threshold
for
the
parent
to
take
FMLA leave.
The
interpretation
letter can
be
found
here.
If
you find
yourself
dealing
with
an
adult
child
situation the
letter
is
a
good
starting
point.
On
a
side note,
Continue Reading...
|
|
DOL Creates 100-Year Anniversary Video
|
11/07/2012
|
By: Boyd Byers
|
In
honor
of
America's
centennial,
France
gave
us
a
gift:
the
Statue
of
Liberty. In
recognition
of
its
own
centennial,
the
United
States
Department
of
Labor
has
given
all
of
you
a
gift:
a
YouTube
video
chronicling its
history. The
six-minute-long
video
describes
DOL's creation,
introduces
the
labor
secretaries,
summarizes
its
legislative
history,
and
promotes
the
things
it
does
for
workers. But
be
forewarned:
the
video
is
a slide slow,
not
a
live-action
film,
and
DOL
tells
the
story
to
serve
its
own
interests.
Watch
the
Video
|
|
FMLA Master Class to be Held on June 7 in Wichita
|
05/23/2012
|
By: Boyd Byers
|
The
FMLA
has
been
part
of
the
workplace
for
nearly
20
years
.
.
. and
it
hasn't
gotten
any
easier
for
employers
to
administer. For
those
looking
to
gain
a
deeper
knowledge
of
the
FMLA,
Foulston
Siefkin
LLP lawyers
will
be
presenting
an
FMLA
Master
Class
on
June
7
in
Wichita. This
full-day
event will
address
everything
FMLA
--
from
basic
to
complex
issues. Sessions will
include recent
FMLA developments,
what
constitutes
a
serious
health
condition
and
how
to
collect
appropriate
medical
information,
military
family
leave,
curbing
FMLA abuse,
and
coordinating
the
FMLA with
the
ADA
and
Workers'
Compensation
laws.
For
more
information
or
to
sign
up,
click
here.
Be
sure
to
enter
the
special
"Friends
of
Foulston
Siefkin" code
to
get
a
20%
discount
on
your
registration
(Offer
Code: R500).
|
|
DOL Proposing Changes to Military Family Leave Provisions under the FMLA
|
02/03/2012
|
By: Donald Berner
|
The
Department
of
Labor
(DOL) issued
an
unoffical set
of
proposed
changes
to
the
FMLA regulations
earlier
this
week. The
proposed
changes primarily
focus
on
the
military
family
leave
provisions.
The
proposed
changes
will
eventually
be
published
in
the
Federal
Register
and
will
seek comments
from
interested
parties. The
DOL's
stated
goal
is
to add clarity
for
employers with
respect
to the
military
leave
provisions
of
the FMLA. The DOL describes
the
highlights
of
the
proposal
as
follows:
- Extension
of
military
caregiver
leave
to
eligible
family
members
of
recent veterans
with
a
serious
injury
or
illness
incurred in
the
line
of duty;
- Creation
of
a
flexible
definition
for
the
serious
injury
or
illness
of
a
veteran;
- Addition
of
a
provision
to
cover serious
injuries
or
illnesses
that
are
an aggravation
of a
pre-existing
condition
if
it
occurs
during
military
service;
- Inclusion
of
regular
armed
forces members under
the
military
leave
provisions
(as
compared
to
National Guard
and
Reserve);
- Creation
of
a
foreign
deployment
requirement for
qualifying
exigency
leave.
Stay
tuned
as
the
discussion
of
these
proposed
revisions
to the
regulation
will
gain
steam
in the coming
months. Once
the
DOL finalizes
these
proposed
changes,
employers
will
need
to
update their
FMLA policies.
For
access
to
the
DOL page
containing
links
to
the
information
the
DOL intends
to
publish
in
the
federal
register
click
here.
|
|
Court Is Now In Session
|
10/03/2011
|
By: Boyd Byers
|
October
is
my
favorite month
of
the
year.
Warm,
sunny
days,
followed
by
cool,
crisp
nights.
Colorful
foliage.
Fall
festivals.
College
football.
Playoff
baseball.
And,
of
course,
the
start
of
another
U.S.
Supreme
Court
session.
The
Supreme
Court
reconvened
today,
the
first
Monday
in
October. There
are
several
employment-law-related
cases
on
the
docket.
Perhaps
the
most-anticipated
case
before
the
Justices
is
the
legal
challenge
to
the
Affordable
Care
Act
(health
care
reform
law).
Another
closely
watched
case
will
address
whether
Arizona’s
tough
immigration
law
is
preempted
by
federal
law.
The
High
Court
will
also
decide
whether
the
“ministerial
exemption”
to
the
ADA
applies
to
a
religious
teacher
at
a
church
school,
and
whether
states
can
be
sued
under
the
FMLA’s
“self-care”
provision
for
failing
to
provide
employees
with
12
weeks
of
unpaid
leave
for
their
own
serious
health
condition.
Kansas
Employment
Law
Blog
will
keep
you
up
to
date
as
these
and
other
cases
affecting
employers
are
decided.
|
|
Looking for Work? The DOL is Hiring
|
6/27/2011
|
By: Donald Berner
|
The
Department
of
Labor
is
currently
hiring.
While
this
is
good
news
for
recent
college
graduates
looking
for
work,
this
may
not
be
such
good
news
for
employers.
The
DOL is
continuing
to focus
its resources
on
enforcement
of
the
Fair
Labor
Standards
Act
(FLSA). This
focus can
mean
only
one
thing
for
employers
--
an
increased
likelihood
of
a
wage
and
hour audit.
The
local
DOL office in
Wichita,
which
covers
most
of
Kansas, has
added
several
new
investigators
in
recent
months
and
is
currently hiring
yet
another. These
recent
hires
are
just
now
starting
to
get
out
of
their
office
and
into
employers'
offices.
These additional investigators
likely
will result
in
increased
enforcement
activity
going
forward.
In
the
short-term,
employers
should
consider
self-auditing
their
pay
practices,
with
the
guidance of
legal
counsel
under
the
attorney-client
privilege, to
ensure
compliance
with
the
FLSA
prior
to
getting
a
visit
from
the
DOL.
|
|
In Loco Parentis and the FMLA
|
9/14/2010
|
By: Donald Berner
|
What
does
a
crazy
parent
have
to
do
with
the
FMLA?
Seems
like
a
fair
question
to
ask.
As
a
parent,
most
days
I come
away
feeling
a
bit
crazy.
Instead
of
pondering
the
merits
of
crazy
parents,
or
parents
driven
crazy,
let's
ponder
the
Department
of
Labor
Wage
and
Hour
Division's
(DOL/WHD) recent
Interpretation
of
the
in
loco
parentis
language
contained
within
the
FMLA regulations.
This
recent
pronouncement
from
the
DOL/WHD
appears
to
expand
the
group
of
employees
who
are
able
to
claim
parent
status
for
purposes
of
taking
FMLA to
care
for
a
child.
The regulations
explain
that
individuals
"who
are
'in
loco
parentis'
include
those
with
day-to-day
responsibilities
to
care
for
and
financially
support
a
child."
The
new
DOL/WHD interpretation
softens
this
requirement
by
stating an
employee
qualifies
as
a
parent
by
showing
either
day-to-day
care
or
financial
support
so
long
as
the
employee
intends
to
assume
parental
responsibility.
The
practical
implication
of
this
interpretation
is
to
further
expand
the
group
of
individuals
able
to
assert
leave
rights
as
the
parent
of
a
child.
Be
mindful
of
this
interpretative
expansion
as
you
receive
FMLA requests
related
to
the
care
of
a
child.
You
can
find
the
text
of
the
interpretation
at http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.htm
|
|
Tips & Tactics -- Government Investigations
|
07/06/2010
|
By: Donald Berner
|
One
of
the
new
realities
for
employers
is
the
increased
risk
of
a
visit
from
an
investigator
working
for
the
government.
These
visits
can
come at
any
time,
without
warning,
and
may
be
conducted
by
any
number
of
government
agencies.
The
typical
visit
for
an
employer
is
likely
to
be
a
wage
and
hour
audit
or
an
OSHA safety
inspection.
While
these
(and
any
other
agency
visit)
inspections
are
in
widely
varying
areas,
there
are
some
common
themes
for
employers
to
consider.
The
worst
time
to
prepare
a
workplace
for
an
inspection/audit
is
when
the
inspector
shows
up
at
your
door.
Here
are
a
few
quick
thoughts
should
your
workplace
receive
an
unwanted
visitor
from
the
government:
- Plan
ahead:
The
time
to
develop
a
game
plan
for
an
inspection
is
well
in
advance
of
the
actual
investigator's
visit.
Responding
to
an
inspection
in
"crisis
mode"
is
highly
likely
to
lead
to
mistakes
or
oversights. The ultimate
outcome
is
almost
certainly not
going
to
be
as
favorable
to
the
Company
as
a
situation
in
which
a
well-conceived
plan
is
in
place.
- Communicate
the
Plan:
Make
sure
all
management
team
members
all
the
way
down
to
the
lowest
level
of
management
understands
the
Company's
plan
of
action
should
an
investigator arrive. There
is
nothing worse than
failing
to
implement
a
well-planned strategy because
the individual meeting
with
the
inspector
doesn't
know the
strategy.
- Have a
Core
Team:
A group
of
individuals
on
the
management
team
should
be
designated to
handle
the
Company response
to
the
arrival
of
any government
investigator.
This
group
Continue Reading...
|
|
|
Editors
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers, the General Employment Law Guy
Jason Lacey, the Employee Benefits Guy
Additional Sources

|