Tag: compliance

PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan. Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by […]

USERRA Reemployment Rights In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA); today, the specifics of reemployment rights for returning vets, plus an introduction to BLR’s “audit-before-the-feds-do” program.In yesterday’s Advisor, we covered eligibility for military leave under the Uniformed Services Employment and Reemployment Rights Act […]

Most every employer can expect to welcome returning veterans. Obligations (legal and moral) are many, and there won’t be any sympathy for employers who fail to honor their responsibilities. There are two primary laws that will come to bear, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the subject of this article, and Family […]

In yesterday’s Advisor, we covered FMLA fitness-for-duty certifications and offered a handy form for requesting the certifications. Today, two more FMLA forms plus an introduction to the “FMLA Bible.” FMLA is never going to be easy, but with forms ready to go for most FMLA situations, you can make it a little easier. Here are […]

Many employers want a fitness for duty certification when employees return from FMLA leave, especially for those “certain employees.” You can require a certification, but not just for certain employees, and not without carefully following several procedural steps. First of all, the law says that as a condition of restoring an employee who has been […]

If you find that one of your employees out on FMLA is working for someone else, can you fire the person? “It depends,” attorney Jeff Wortman says, smiling as he utters the standard attorney response. Wortman’s remarks came at BLR’s National Employment Law Update, held recently in Las Vegas. He is a partner with Seyfarth […]

Employment Law Guide in Your State — 2011 Are you ready for 2011? The most up-to-date version of BLR’s Employment Law Guide—In Your State is now available. It pulls together all the federal and state laws you need to know about to stay in compliance. The guide includes all changes that federal legislators and regulators […]

FMLA and ADA: well intentioned but the devil to administer. In yesterday’s Advisor, attorney Susan Fahey Desmond covered job protection under FMLA and ADA; today, job restoration, light duty, and undue hardship, and an introduction to the “FMLA Bible.” Desmond’s remarks came at the recent BLR National Employment Law Update in Las Vegas. She is […]

The key to untangling ADA and FMLA and workers’ compensation is understanding obligations under each statute, says attorney Susan Fahey Desmond. And then, if the laws conflict or are applied simultaneously, you grant the greater benefit and provide the greater protection. Desmond’s remarks came at the recent BLR National Employment Law Update in Las Vegas. […]

In yesterday’s Advisor, we featured Judge Denny Chin’s example of how a seemingly easy-to-win case can go wrong. Today, his tips for avoiding lawsuits and an introduction to the unique one-stop solutions center for HR managers. The Honorable Denny Chin, former U.S. District Court Judge, and now Court of Appeals judge, made his remarks at […]