The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
DOL States that Employers May Not Delay Designating FMLA Leave
On Sept. 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the designation be delayed.
DOL Opines That Parent’s Attendance at Individualized Education Program Conference Warrants FMLA Leave
In an Aug. 8, 2019 opinion letter, the U.S. Department of Labor’s Wage and Hour Division (WHD) shed some light on what counts as “caring for” a family member under the FMLA.
6th Circuit Faults “No-Fault” Attendance Policy with Broad FMLA Benefits Interpretation
Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.
Absence Matters: Integrating Leave Programs
Integrating Leave Programs to Ensure Consistency and Compliance By Bryon Bass SVP, Disability and Absence Practice & Compliance Sedgwick Integrated programs that take into account all types of leave of … Read More
FMLA Second and Third Opinions: Good Faith Obligations
Good Faith Obligations in the Second and Third Opinion Process By Gail I. Cohen, JD Director, Employment Law & Compliance Matrix Absence Management When employers use second and third opinions … Read More
Disability in the Workplace: Overlapping Benefits
Compliance Notes for How to Manage Overlapping Benefits By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Understanding which of … Read More
Connecticut Issues Guidance on Pregnancy Accommodation
On Apr. 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related.
What Employers Can Do to Prepare For Westchester County’s Earned Sick Leave Law
Companies should begin preparing now for the new Westchester County Earned Sick Leave Law, which becomes effective on Apr. 10, 2019.
March 2019: Electronic PDF
March 2019 Employment Practices Compliance Managing ever-expanding state and local paid family and sick leave mandates, training supervisors and managers on FMLA and ADA requirements, handling difficult accommodation requests, and … Read More
Integrated Absence Management: Supervisors Are Key
Supervisors: Key to Managing and Preventing Absence By Glenn Pransky, MD Scientific Advisor Lincoln Financial Group By Tawnya Goertzen Director, Clinical Vocational Operations Lincoln Financial Group Preventing and managing work … Read More
FMLA Second and Third Opinions: Certification Validity
If an Employer Has “A Reason to Doubt the Validity” of an Employee’s FMLA Certification By Gail I. Cohen, JD Director, Employment Law & Compliance Matrix Absence Management Welcome to … Read More
The Disabled Workforce: The Friday-Monday Leave Act
FMLA, or the Friday-Monday Leave Act By Rachel Shaw, JD CEO and Principal Shaw HR Consulting While the Family and Medical Leave Act (FMLA) was created for a noble and … Read More
Technology and Absence Management: Consistency
Using Technology to Strengthen Consistency in Absence Management By Geoffrey Simpson Director of Sales & Marketing Presagia A consistent and timely approach is crucial for complying with the Family and … Read More
The CEO’s Desk: Top Compliance Challenges
Top Compliance Challenges for 2019 By Terri L. Rhodes CCMP, CLMS, CPDM, MBA CEO, DMEC Managing the key requirements of ever-expanding state mandates is just one of many leave compliance … Read More
2018 DMEC Employer Leave Management Survey White Paper
For eight years the Disability Management Employer Coalition (DMEC) and Spring Consulting Group (Spring) have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods … Read More
2018 DMEC Employer Leave Management Survey Executive Summary
For eight years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 820 employers, the national survey tracks employer methods … Read More
The Family and Medical Leave Act: Still Confounding Employers
The Family and Medical Leave Act: Still Confounding Employers By Janet Lee, JD Counsel Cigna By Megan Holstein, JD SVP Absence and Claims Product FINEOS Corporation There’s no denying that … Read More
Coloring In Some Shades of Gray
The U.S. Department of Labor (DOL) tends to be guarded in providing Family and Medical Leave Act (FMLA) guidance that is not already codified.