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‘I’ve Got a Cold–I’m Taking FMLA’

Does a serious cold qualify as a serious health condition under the Family and Medical Leave Act (FMLA)? How about the flu? Leave of absence laws were established to protect employees with serious health conditions; do colds and the flu measure up? Generally, unless complications arise, the common cold, the flu, earaches, upset stomach, and […]

Is It OK for Reps to Make More than Their Managers?

In yesterday’s Advisor, consultant Joseph DiMisa offered real-world metrics for incentive pay; today, reps that make more than their managers, sign-on bonuses, plus practical guidance for all employers who operate in more than one state. Can reps make more than their managers? Yes, it’s fairly common, says DiMisa, and, in most companies, there’s no limit […]

DOL’s New Disability-Based Affirmative Action Requirements

In addition to the major changes discussed in yesterday’s Advisor, there are several other important changes that are included in the final Section 503 rule, says Schoenfeld. Definitions The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008. EO Clause Contractors will be required to state in solicitations and […]

Survey Reveals Employer Trends Regarding Leave Management

The landscape of employer leave management continues to undergo change and is increasingly complex. However, results of the fifth annual DMEC Employer Leave Management Survey show that employers of all sizes are mastering compliance and other challenges posed by new leave laws and reinterpretations of regulations.

Best Defense Against Leave Fraud? Continuous Performance

Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]

Lonely in L&D Land? How to Prevent Feelings of Isolation

Lonely? Sometimes being an L&D (Learning and Development) manager can promote feelings of isolation. You’re in charge of everyone else’s learning, development, and growth, but what about your own? Below are a few things you can do as an L&D manager to prevent feelings of isolation. And as you do them, you’ll also be boosting […]

New Tennessee law ‘bans the box’ for state government jobs

Tennessee has joined the list of states passing some form of “ban the box” legislation with the passage of Senate Bill 2440. Governor Bill Haslam signed the measure on April 14. Many states, counties, and cities across the country have joined the ban-the-box movement by prohibiting job applications that require applicants to check a box […]

Medicare Payment Does Not Trump Plan Exclusion: Specialty Rx Denial Stands

A federal district court blocked an effort to force an ERISA health plan to pay secondary for an expensive specialty drug that was excluded from coverage because it wasn’t filled at an in-network provider as required by plan terms. The U.S. District Court for Northern Illinois rejected the plaintiff‘s argument that whenever Medicare covered a […]

Forcing Pregnant Employee to Work then Firing her for Underperforming Raises FMLA Interference Claim, 11th Circuit Rules

An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes her, to the point of employment termination, for alleged poor performance, the 11th U.S. Circuit […]