Think Before You Call: Contacting Employees on FMLA Leave

Bob WerkheiserHuman Resources

Shared by Deb Franklin from the Disability, Leave & Health Management Blog of Jackson Lewis, by Tiffany A. Buckley-Norwood on February 21, 2017 How many employers have had this situation arise? An employee requests and receives Family Medical Leave Act (FMLA) leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer. According to the courts, a few minor, work-related communications with the employee to “pass on institutional knowledge or documents”, or as a “professional courtesy”, may be permissible. See Massey-Diaz v. University of Iowa Community Medical Services, Inc. (2016). Any more than …

What am I Doing Wrong? Common FMLA Mistakes

Bob WerkheiserHuman Resources, Uncategorized

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding Family Medical Leave Act (FMLA) administration. Here are some of the more common mistakes employers can inadvertently make in this regard. Not providing an employee with a sufficient Notice of Eligibility and Rights & Responsibilities. When an employee requests FMLA leave, or when an employer acquires knowledge that an employee’s need for leave might be FMLA-qualifying, an employer must: Notify the employee of the employee’s eligibility to take FMLA leave and rights and responsibilities within 5 business days, absent extenuating circumstances. This “Eligibility and Rights & Responsibilities Notice” must be in writing and must state whether the employee is eligible for FMLA leave …

The New Year and How It May Affect Your Benefits

Mary LyonsHealth Benefits, Human Resources

The beginning of 2017 signals a new plan year for some insurance plans. For individuals with these plans, this means that any changes made to health plans and new deductibles will take effect Jan. 1, 2017. It will be important to keep these changes in mind when you or your family seek out health care. You should also be on the lookout for things like changing prescription drug coverage limits and changing copay amounts. In addition to reviewing your policy, be sure to follow these quick tips to be a wise health care consumer next year. Consider using generic prescription drugs instead of brand-name drugs, when possible. Shop around for the lowest rates before visiting a doctor, when possible. Visit …

New OSHA Rule Effective January 1, 2017 Hits Big Companies First

Matt OlphinBusiness Insurance, Human Resources, Risk Management

New reporting regulations are effective January 1, 2017. What has to be published? According to OSHA as of “Jan. 1, 2017, [OSHA]requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms.” This is covered employers who have 250 or more employees. According to the guidance: OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a webform. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via …

OSHA Final Rule – Electronic Recordkeeping & Retaliation Free Employee Reporting

Matt OlphinHuman Resources, Risk Management

Anti-Retaliation Provisions and Impact on Post Accident Drug Testing Effective today – December 1, 2016, the anti-retaliation provisions of OSHA’s recent Electronic Recordkeeping final rule go into effect. The recent court challenge, brought by numerous companies and industry groups, to the anti-retaliation provisions of this final rule was not successful. The injunction blocking the anti-retaliation provisions from becoming effective today was denied. That does not mean the court challenge to this final rule was lost. We will continue to monitor the issue. Perhaps the most hotly contested anti-retaliation provision is that OSHA may view blanket post-accident drug testing programs as retaliation against injured workers for reporting injuries. OSHA does not have issue with post-accident drug testing when required by law, …