October, 2009

Is Swine Flu an ADA Disability? Maybe, Maybe Not

Swine flu, or the H1N1 virus, is not likely to be considered a disability under the Americans With Disabilities Act, according to the Congressional Research Service. But if it mutates into something more severe, it might be.

Can Employee Be Entitled to FMLA Leave Even Though He Is Not Otherwise Eligible?

Does an employee have the right to take Family and Medical Leave Act leave and be restored to the same or equivalent position even thoughthe employee is ineligible for such leave? Depending upon the circumstances, the answer may be “yes,” and the result simply may hinge on the court hearing the case.

FMLA 'Qualifying Exigency' Leave Extended to All Active Duty Personnel

 
President Obama on Oct. 28 signed legislation extending eligibility for qualifying exigency leave under the FMLA to the families of all active duty servicemembers deployed to foreign countries.

Best Practices for Handling Social Security Mis-Match Letters

A leading immigration attorney weighs in on the impact of the Department of Homeland's rescission of a proposed rule giving employers a 90-day "safe harbor" to resolve mis-matches in employees' social security numbers without incurring any liability for employing persons who lack work authorization.

Drug and Alcohol "Strike Force" Targets Commercial Drivers, Carriers

Dozens of commercial bus and truck drivers were barred from driving and 84 commercial carriers faced enforcement action for violating the U. S. Department of Transportation's (DOT) federal drug and alcohol regulations.

How Far Can Employers Go When Verifying FMLA Leave?

A proposal by the Illinois State Toll Highway Authority to hire private investigators to follow employees the authority suspects might be abusing Family and Medical Leave Act leave raises the question: How far can employers go to assure their leave-taking workers are not perpetrating a fraud without being accused of interfering with their FMLA rights?

"Employers need to be careful about what they’re looking at, and really comparing it with the reason for leave, and really being sure the one negates the other," said Carl C.

3rd Cir.: ‘Comp’ Time Counts for FMLA Eligibility

"Comp" time hours accumulated by an employee working from home count toward the worker’s eligibility for Family and Medical Leave Act leave when the employer has not explicitly ended an otherwise long-standing policy allowing it, the 3rd U.

Employer Notification Made Over in DOL’s 2009 Regs

Employers, frustrated that the Family and Medical Leave Act and accompanying rules left them confused and uncertain about how to respond to employees’ requests for unpaid leave, got some clarification in the U.

Interference With FMLA Rights Gets Makeover in 2009 Regs

In November 2008, the U. S. Department of Labor issued revised final regulations implementing the FMLA that made important changes regarding the penalties available when an employer interferes with an employee’s FMLA rights.

Opportunities, Risks Abound For FMLA Outsourcing

Human resource managers are increasingly turning to third-party administrators and even software to comply with the Family and Medical Leave Act. Here's a discussion of some of the opportunities and risks involved.