Family and Medical Leave Act (FMLA)

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    The report cards are in, and over 60 percent of states in the United States received a "D" or "F" in their efforts to help new parents with family leave laws, paid leave, job-protected leave, and other family-friendly workplace laws. According to the National Partnership for Women and Families (National Partnership) in their May 2012 report,...
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    Recently, the U.S. Supreme Court held that the FMLA does not allow state employees to sue states (or their agencies) under the "self-care" provisions of the law. In the case, Coleman v. State of Maryland Court of Appeals, Coleman, an employee for the Maryland Court of Appeals, requested FMLA for his own serious health condition. He was informed...
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    With multiple state legislatures proposing more forms of employee leave and paid leave laws, it may surprise some to learn that nearly one in four women who have had a child in the last 3 years reported they did not take the full maternity leave allowed by their company. In fact, according to the recent survey conducted by CareerBuilder, 1 in 10...
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    Typically, third-party administrators (TPAs) provide employees with a toll-free phone number to call or website to access to initiate FMLA leave requests. The TPA then assumes responsibility for seeking and reviewing medical certifications from the employee's healthcare providers, designating or denying FMLA leave time, monitoring leave usage,...
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    by Stacie Caraway How do you deal with the supervisor who appears to be on a "personal crusade" to "eradicate all Family and Medical Leave Act (FMLA) abuse"? What about the supervisor who likes to pretend he doesn't know that FMLA leave exists? Read on to find out. Training, communication are key The FMLA can be complicated--and so can getting...
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    Q: If an employee uses all her FMLA leave in the last part of the fiscal year and is sick again at the beginning of the new fiscal year, can she qualify for FMLA leave, or does the 1,250-hour requirement become a determining factor? A: The answer depends on several considerations. First, as most employers know, the FMLA permits employees to take...
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    Sounds like a bad joke, right? A federal district court in Minnesota recently provided the punch line to this joke, and it turns out, it's not so funny. According to the court, an employee can claim FMLA protection when two health conditions result in health-related absences of less than 3 days each. What happened. "Fran" began working for TRI in...
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    As we reported in the last issue of this newsletter, the U.S. Department of Labor (DOL) recently published a Notice of Proposed Rulemaking (NPRM) to alter and expand the Family and Medical Leave Act's provisions relating to military family leave and leave provisions relating to airline flight crew members. Due to the high level of interest in the...
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    The Healthcare Provider Certification Form may seem like an objective tool that HR managers can use to determine whether to grant or deny FMLA leave requests. But the certification and recertification process isn’t always so cut and dry. Although obtaining the information to complete the forms may seem daunting, taking the time to do so...
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    The Health Care Provider Certification Form is an objective tool that HR managers should use to determine whether to grant or deny leave requests under FMLA, the California Pregnancy Disability Leave Law, and the California Family Rights Act. But the certification and re-certification process isn’t always as cut and dry, especially here in...
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