http://www.infinisource.net/Rss/FMLA.ashx FMLA - News & Review 10 Millions of employees use FMLA each year, and the law provides them with many rights that can be asserted in a lawsuit. This puts employers in the hot seat, often without clear guidance to steer them through the FMLA maze. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080610-10.aspx 10 Jun 2008 Millions are awarded each day in courtrooms over a multitude of disputes. Not many of those encompass such a large amount for damages, such as the FMLA case won by Nicholas Lore, a former Chase Manhattan Mortgage Corp. (Chase) regional manager. A federal jury awarded $2.2 million to Lore for violations under FMLA. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080512-5.aspx 13 May 2008 From time to time, Infinisource submits comments on proposed federal or state benefit regulations that affect employers. Already in 2008, we are commenting on two such rules. First, we are commenting on the §1.152-4 IRS regulations issued in May 2007. These regulations govern which parent can count a child as a tax dependent when the parents are divorced, separated or living apart. The IRS scheduled a hearing for early April 2008. Infinisource provided input on how to make the definition of a custodial parent clearer and on how to clarify how parents can release dependent status and revoke such releases. Most health plans define dependents based on §152 of the Internal Revenue Code. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080415-9.aspx 15 Apr 2008 The DOL received a lot to think about last year after receiving more than 15,000 comments on how to change FMLA. Last month, the DOL returned the favor by issuing 127 pages of proposed regulations. The rules include a considerable number of clarifications and correct the 1995 regulations where they conflict with the Supreme Court ruling in Ragsdale v. Wolverine World Wide. However, the two areas of greatest need were a tightening of the intermittent leave rules and a more workable definition of serious health condition. Those two issues are largely unaddressed. Employers may not begin relying on the new regulations, forms and notices while they are in proposed format. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080311-1.aspx 11 Mar 2008 The Proposed FMLA Regulations changed the employee eligibility requirement of at least 12 months of service with the employer, disallowing prior service if there is more than a five-year break in service. Are there any exceptions to the rule? http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080311-10.aspx 11 Mar 2008 The past three weeks have seen more changes and potential changes to FMLA than the past 12 years. First, in late January, the National Defense Authorization Act (NDAA) expanded FMLA protections to families of active military servicemembers. Then, on February 11, 2008, the Department of Labor (DOL) issued 127 pages of proposed regulations addressing numerous comments received last year. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20080211-2.aspx 11 Feb 2008 Opening more than 15,000 pieces of mail is an experience few of us, other than celebrities and the proverbial Santa Claus, will ever experience. That is what the DOL did in reviewing responses to its Request for Information on FMLA after the February deadline. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20070709-7.aspx 9 Jul 2007 Reviewing FMLA case law is a little like playing Monday morning quarterback. One analyzes mistakes and ponders what might have been. Thus, it is refreshing to find a case where an employer took a firm stand on FMLA, based on thorough policies and excellent documentation, and prevailed. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20070611-3.aspx 11 Jun 2007 How many times have you told yourself I should have seen that coming. When it comes to FMLA, employers need to exercise ample foresight in notifying employees about the availability of FMLA. http://www.infinisource.net/Infinisource/News_Review_Articles/news_review20070507-4.aspx 7 May 2007 The DOL recently issued some startling statistics and a call for help related to the Family and Medical Leave Act (FMLA). In 2005, more than 94 million Americans worked in FMLA-covered worksites and more than 6.1 million (6.5%) took FMLA leave. For an employer at the 50-employee threshold, that translates into an average of three-four FMLA leaves per year. http://www.infinisource.net/news/stories/new_review20070109-5.asp 9 Jan 2007 Leaves of absence can be one of an employers’ greatest challenges. Just ask Fulton County State Court, whose failure to wait another nine days for an employee’s certification will cost the County more than $600,000. http://www.infinisource.net/news/stories/new_review20060911-2.asp 11 Sep 2006 The Department of Labor (DOL) released an opinion letter, on November 7, 2004, regarding Family and Medical Leave Act of 1993 (FMLA) pertaining to the use of temporary employees in the workforce and whether employers should count them toward the FMLA 50 or more employees coverage test. http://www.infinisource.net/news/stories/newsroom20050321-5.asp 21 Mar 2005 On July 1, 2004, employees in the state of California began taking advantage of new legislation, California’s Family Temporary Disability Insurance. This created a paid family leave which allows up to six weeks of paid leave per year to care for a new child or a seriously ill family member. http://www.infinisource.net/Infinisource/stories/cal2.asp 27 Oct 2004 Since inception of the Family and Medical Leave Act (FMLA), effective August 5, 1993, many employers have struggled with provisions that restrict them from asking for recertification from employees out on FMLA with chronic conditions, such as migraine headaches, asthma or diabetes. http://www.infinisource.net/Infinisource/stories/fmla3.asp 14 Jul 2004 An HIV-positive postal worker, who first revealed his medical condition to postal officials as part of a request for Family and Medical Leave Act (FMLA), alleged a company official disclosed that information and violated both the Privacy Act and the Rehabilitation Act, which restricts disclosure of personal information by federal agencies. http://www.infinisource.net/Infinisource/stories/fmla2.asp 21 Feb 2003 No balloons, noisemakers or cake marked the date, however on February 5, 2003, the Family and Medical Leave Act (FMLA) marked its tenth anniversary. The law requires employers to allow up to 12 weeks of unpaid leave annually for family and medical reasons and is enforced by the Wage and Hour Division of the U.S. Department of Labor’s Employment Standards Administration. http://www.infinisource.net/Infinisource/stories/fmla1.asp 13 Feb 2003