The HRK Blog

Human Resources Alert: DOL Issues Final FMLA Regulations

Human resources departments and employers should be aware of changes to the FMLA act. On February 6, 2013, the 20th anniversary of the Family and Medical Leave Act’s (FMLA), the Department of Labor (DOL) issued updated regulations, optional notice and certification forms, and a new FMLA poster.

Employers should update their policies and post the new FMLA poster by March 8th, 2012.

The new regulations, which are effective March 8, 2013, incorporate or expand the military leave amendments of 2008. Key changes/updates include:

• Families of eligible veterans now have the same job-protected FMLA leave currently available to families of active military service members.
• More military families can now take leave for activities that arise when a service member is deployed.
• Parental leave has been added as a new leave category to the qualifying exigency leave. The period of leave to be granted for a service member’s rest and recuperation has been extended from five to 15 days.
• The definition of “serious injury or illness” now covers pre-existing conditions aggravated by military service.
• Private health care providers not affiliated with the military healthcare system are now authorized to issue FMLA certifications for military-related leave.

Changes to FMLA Eligibility Rules for Airline Flight Crew Employees

Under the new rules, airline flight crew employees are eligible for FMLA leave if they have worked (or been paid) for at least 60% of the applicable total monthly guarantee and have worked (or been paid) for at least 504 hours during the prior 12 months. Airline employees who are not flight crew employees must meet the standard eligibility standard of 1,250 hours of service in the prior 12 months.

New Forms

In connection with the final regulations, the DOL indicated that it has updated some of its model FMLA forms, including the model FMLA poster. The model FMLA forms are available on the DOL’s FMLA website.

Next Steps for Employers

Employers with 50 or more employees must comply with the FMLA.
    •    Update their FMLA policies.
    •    Replace their FMLA posters.
    •    Replace old notice or certification forms in their files with new ones
    •    Make sure all HR and leave administrators are familiar with the new changes.

Material discussed in this article is meant to provide general information and should not be acted on without obtaining professional advice tailored to your firm's individual needs. The information is for general guidance only and is not a substitute for professional or legal advice.

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Human Resource Tips To Administer FMLA (Family Medical Leave Act)

What is FMLA?

FMLA is the acronym for The Family Medical Leave Act (FMLA). This legislation is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave from work for possible family situations or medical reasons.  The goal of FMLA is to protect both employers and employees and promote equal employment.  Eligible employees of covered companies can take extended, unpaid time off for reasons that include:  a serious health condition of the employee or an immediate family member; the birth or adoption of a child; military caregiver and exigency leave.  FMLA caps the leave at 12 weeks within 12 months.

What Steps Should Employees Take? First they should provide notice, and second, they must meet the criteria to be eligible for FMLA absence. 

1. Give Notice. If possible, an employee who needs to take leave should provide the company with 30 days notice.  In circumstances of illness, it’s understandable that an employee request may be made in less time.  Once a request is made, the employer then needs to determine the employee’s eligibility and respond to the request within five days. 

2. Meet Criteria. An employee requesting leave must be employed with the company for 12 months and have performed at least 1,250 hours of service prior to the request for leave.  The employer must employ 50 or more employees on-site or within 75 miles of the requesting employee’s work site.  Once this is established, the employee is eligible for leave under FMLA and the appropriate Department of Labor certification forms should be provided to the employee for completion within 15 days.

Once an employer has received the certification forms from an employee, the information should be verified.  If information is missing or incomplete, the employee should be notified. It's typical to allow seven days to complete and resubmit the information.

Upon receipt of the complete and correct forms, the employee should be provided with a Designation Notice and Rights and Responsibilities Form.  Any outstanding information at that point should be collected and submitted within 15 days. 

Should the employee's request not fall within the FMLA criteria a Designation Notice that states the reason for denial should be shared with the employee.   The employee may be eligible for personal leave, if that is a benefit that is available though the employer. 

If you have questions about FMLA and how to administer FMLA, contact HR Knowledge. 

 

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Age Discrimination and Compliance (ADEA)

Age Discrimination and Compliance (ADEA)

The current economy and the changing roles of older family members are just a couple of reasons why older Americans are re-entering or remaining in the workforce.  Because of this, it's imperative that those who are hiring have a good understanding of age discrimination.  The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in employment with respect to hiring, firing, layoff, promotion, transfers, compensation, benefits, job assignments and training of anyone age 40 or older.

Age discrimination includes:

-Hiring only younger workers.

-Providing younger workers with better employment terms or conditions.

-Younger workers are the only ones promoted or offered better job opportunities.

-New training intiatives exclude older workers.

-During layoffs or restructuring, younger workers are retained while older workers are not.

During the interview process, be aware of questions that are potentially discriminatory, such as:

-How old are you?

-What year did you graduate from high school?

-Are you a Social Security recipient?

Older workers will more than likely have more experience and/or education than their younger counterparts.  How do you address the "overqualified" during the interview process to ensure that the person would be a good hire?  Questions that are "safe" to ask may include:

“How will you be challenged in this role?” and “What are your salary expectations?”

For more information about hiring, compensation or benefits please feel free to contact Jeff Garr, CEO at HR Knowledge www.hrknowledge.com or Call 508-339-1300.

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Health, Disability, Life, Dental, Vision Insurance: paying too much?

Do you know if you are overpaying for your company sponsored Health, Dental, Life & Disability plans?

One question we frequently hear from potential clients is - "Is there is any way to tell if our sponsored group benefit plan rates are set correctly by the insurance companies?"  The answer is "yes".  And, there's also a way to find out how much profit your insurance company yields from your company premiums.

At HR Knowledge, we consistently reduce premiums of group benefit plans through our proprietary algorithm which can accurately determine the profitability of your group plans with the carriers.

Here are a couple of examples of companies we have helped:

A major health insurance company assessed that for the $3 million that Company A received in premiums, the insurance company had paid out $3.3 million in claims and associated expenses. The health insurer was requiring an annual

premium increase of $385,000. After running the plan financial data through our proprietary algorithm, we were able to leverage the results to secure a reduction off Company A’s renewal of $400,000, which actually resulted in a rate reduction for the client.

A major health insurance company received $1.9 million in premium and paid $2.275 million in claims, a loss of $375,000. They were requiring an increase from Company B of $271,000.  After running the group’s plan data through our proprietary algorithm, we discovered that the losses were not as high as the insurance company had represented.  The renewal increase was subsequently reduced to $100,000.

How we can help your company?

• We can review your benefit costs, provide a detailed analysis utilizing the proprietary algorithm to accurately determine the profitability of your group plans with the carriers.  Then we'll determine more equitable pricing of these benefits. 

• This analysis helps HR Knowledge negotiate your benefit group plan rates with compelling indisputable data, that the carrier underwriters clearly understand and adopt to ensure more AFFORDABLE pricing on your benefits

We impact 80% of the companies we analyze, yielding substantial savings on benefit plans.  To receive a no obligation quote or “second opinion” on your group benefit plans, contact HR Knowledge at 508-339-1300

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

What Employer Should do if an Employee Advises of a Medical Condition

Question:

What must HR do if an employee advises of a medical condition?

Answer:

Full Question: If an employee advises her supervisor/manager that she has been diagnosed with a medical condition (MS), but has not provided any documentation or advised that she is unable to perform her job, is there anything that HR must do? The supervisor did advise her that she may want to see HR if she has any questions, however, she has not done so. Also, she does not have any personal/vacation time remaining for the year and this condition. Answer: If the employee in question has merely disclosed her medical condition, but has not requested a reasonable accommodation, and if it is not obvious that she needs one, the employer should simply continue to treat her as it would any other employee, and as it would have treated her had she never made known her condition. Unless and until the employee requests a reasonable accommodation, or it becomes clear to the employer that she needs one to perform essential functions of her job, the best thing to do is to just ignore the fact that she has any disability at all. Treating the employee differently (better or worse) can create exposure to a disability discrimination claim and is ill advised. To the extent she subsequently seeks reasonable accommodation or the employer, based on objective evidence (and not rumor or speculation), reasonably believes that she may require one in order to perform essential functions or to prevent a direct threat, at that point the employer can and should explore with the employee what kind of accommodation she needs in order to be able to perform essential job functions, and whether such accommodation can be provided without undue hardship to the employer. The following guidance published by the EEOC may assist you in addressing reasonable accommodation and undue hardship, should it subsequently become an issue (it does not appear that it is now, based on the inquiry): http://www.eeoc.gov/policy/docs/accommodation.html. Also keep in mind that if the employee's performance slips or she engages in misconduct or a policy violation, the employer should not assume that her medical issue caused it, nor must the employer tolerate unsatisfactory performance or conduct merely because the employee has previously disclosed a medical condition. Indeed, while the fact of an employee's disability protects the employee against unfair treatment or discrimination in the workplace, it does not entitle the employee to any treatment that is better or more preferential. For specific guidance in managing performance and conduct of a disabled employee within the confines of the Americans with Disabilities Act, should this become an issue, please see: http://www.eeoc.gov/facts/performance-conduct.html. www.hrknowledge.com Call today for more questions 508-339-1300

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Job Abandonment for Employees

Question:

Is there a specific amount of days an employer can set that determines job abandonment? More...

Answer:

Full Question: Is there a specific amount of days that an employer can set that determines job abandonment? Typically we hear 3 days but are there federal and/or state laws that dictate? Response: Barring an employment contract or collective bargaining agreement, etc., an employer is generally within its rights to establish its own policy relative to employee no call/no show. Some employers determine that a single instance of no call/no show is grounds for immediate discharge. Others require an employee to be away from work without calling for a certain number of days before it will make a discharge decision. Each employer needs to decide for itself what kind of no call/no show policy is in its best interest. Any such policy, however, should be uniformly enforced and should have the flexibility for management to make exception when truly extenuating circumstances are present. For more information about this and other HR issues please contact HR@hrknowledge.com or call us 508-339-1300.

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Worker's Compensation and Job Protection for Employee

Question:

How long do we hold a position for an employee out on workmen’s comp? More...

Answer:

Full Question: When an employee is off on workmen's comp. how long do you have to retain their position or one of equal status? Response: With fewer than 50 employees, your company would not be covered by the Family and Medical Leave Act (FMLA) which would require the employer to provide up to 12 weeks of job protected leave to an eligible employee who needed time off from work due to a serious health condition including one caused by an occupational injury or illness). Absent FMLA application and relative to continuing to hold open an employee's job vs. terminating the employment relationship, the employer does not have a statutory obligation to hold the employee's position open for a specific period of time. If the employee's condition qualifies as a disability under the Americans with Disabilities Act (ADA), however, the employer WOULD be required to explore whether a reasonable accommodation, i.e., an extended period of leave, could be provided without experiencing an undue hardship. If the employer can accommodate the employee's absence, it would be required to do so under the ADA. As well, if the employer has a policy or practice of providing extended leaves to other employees with medical conditions, it would be required to do so as not to unlawfully retaliate or discriminate. Indeed, while applicable workers' compensation statutes do not, to our knowledge, require the employer to hold open an employee's job for a specific time period, they do preclude the employer from retaliating or discriminating against employees on the basis of their workers' compensation claims. This means that the employer may nonetheless be required to retain the employee's job if it is consistent with policy and practice to do so, and/or pursuant to the ADA if the employee is disabled. See www.eeoc.gov/policy/docs/workcomp.html for more information on this issue. We further recommend you consult with the workers compensation carrier to gather additional information and before considering termination. ASK THE HR KNOWLEDGE GURU HR KNOWLEDGE, INC. www.hrknowledge.com

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.

Personnel Files Are You Compliant?

EMPLOYER DOCUMENTATION GUIDELINES

Employers receive, generate, and accumulate substantial volumes of documents beginning with hiring documents, including job postings, employment applications, resumes, and reference checks and once a worker is employed, personnel files, wage and hour records, payroll records, and disciplinary files. At the conclusion of employment, there may be separation documents generated as well. Part of being a successful employer is properly generating, drafting, and retaining quality professional records, before, during and after the employment relationship.

Recommended Contents of Personnel Files

A. Employment

• Resume

• Online job inquiries (i.e., through monster.com, etc.)

• Original employment application

• Education verification

• Employment verification

• Other background verification

• Rejection letter, if any

• Employment offer letter, if any

• Employment agency agreement, if hired through an agency

• Employee Handbook acknowledgment form showing receipt of Handbook

• Checklist from new employee orientation showing subjects covered

• Transfer requests

• Relocation records

 

B. Payroll

• W-4 Form

• Weekly time records, i.e. timesheets or timecards

• Individual attendance record

• Pay advance request records

• Garnishment orders and records

 

C. Training and Development

• Training history records

• Training program applications/requests

• Skills questionnaire

• Training evaluation forms

 

D. Wage/Salary Administration

• Job description form

• Payroll authorization form

• Compensation history records

• Notification of wage and or salary increase/decrease

 

E. Employee Relations

• Report of discipline/counseling session

• Commendations

• Employee written warning notices

• Employee progress reports

• Performance appraisal forms

• Performance improvement program records

 CLICK HERE FOR MORE INFO

www.hrknowledge.com

 

HR Knowledge is a provider of integrated HR, payroll and benefits services.  Our offices are located in the Boston, MA metro area and we service companies throughout the United States.