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6 episodes with medical leave act fmla
4 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
2 episodes with medical leave act fmla
Have you ever wondered what it means for an educator to be "protected" while taking time off for medical or family reasons? Understanding what that entails is crucial when faced with a family emergency. This includes knowing the steps to request FMLA, eligibility requirements, the types of medical conditions that qualify, and the amount of leave you are entitled to under the law. Key benefits, such as job security during an absence, are also important to understand. Additionally, it's essential to know how Temporary Disability Leave (TDL) differs from FMLA and the potential consequences if an employee exhausts both of these resources. In this episode of the ATPE podcast, ATPE's Member Legal Services Department Managing Attorney Lance Cain continues his deep dive into educator leave, focusing specifically on protected leave and the Family and Medical Leave Act (FMLA). The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.
Abigail O'Connell and Marjory Robertson, senior counsel at Sun Life Financial, discuss the complexities of absence management, offering advice on preventing misuse and abuse of the Family and Medical Leave Act (FMLA). Explore actionable strategies and insights to address potential issues without compromising employee support.Each week, All Things Work explores the latest workplace topics. Get the latest episode, along with additional resources and expert insights delivered straight to your inbox each week by signing up for the All Things Work newsletter: shrm.org/allthingsworkRate/review All Things Work on Apple Podcasts and Spotify.
This session provides a comprehensive understanding of executive pay structures, legal frameworks, and employee benefits management. It emphasizes compliance with regulations and the strategic use of compensation and benefits to attract and retain talent. Key Topics Covered Executive Compensation: Includes base salary, stock options, bonuses, and severance packages (e.g., golden parachutes, golden handcuffs). Employment Regulations: Key laws such as the Fair Labor Standards Act (FLSA), Equal Pay Act, Pregnancy Discrimination Act, and Family and Medical Leave Act (FMLA). Employee Benefits: Coverage of COBRA, HIPAA, and the Affordable Care Act (ACA), focusing on health insurance and retirement plans. Compensation Concepts: Differentiating exempt vs. non-exempt employees, permissible wage differentials, and job classifications. Motivational Incentives: Tools like discretionary and non-discretionary bonuses, gainsharing plans, and Employee Stock Ownership Plans (ESOPs). This session equips HR professionals with critical knowledge to manage compliance, design effective benefit programs, and optimize compensation strategies for organizational success.
In this episode, we discuss when a private-sector employer is considered a covered employer under the FMLA, once an employer is a covered employer, which employees are eligible for FMLA leave, and more. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP)Guest Speaker: Laurie Rogers (email) (Holland & Hart LLP)Support the showRegister on the ELA website here to receive email invitations to future programs.
Last week, the US elected its 47th president. As I was sifting through the reactions of family, friends, and coworkers online, feelings of excitement and feelings of sadness were all over the place, and it was a lot to think about. But the thing I kept coming back to was the mission of I Hate It Here and the ways that elections affect us all! So today, we're taking a stroll down HR memory lane, digging into the laws that flipped the script on how we work. From the Fair Labor Standards Act to the Pregnant Workers Fairness Act, we're exploring the major pieces of legislation that shaped HR as we know it. Now, Working Not Working is helping to keep that talent with NTRNL— the new platform that unlocks employee passions and ignites productivity. So you can see your people as they see themselves: as humans, not headcount. Visit seeyourpeople.com to learn more or book a demo. 00:01:00 - The Misson of I Hate It Here 00:01:50 - The Fair Labor Standards Act (FLSA) 00:03:55 - The Civil Rights Act of 1964 00:06:00 - The Occupational Safety and Health Act (OSHA) 00:08:05 - The Employee of Income Retirement Security Act (ERISA) 00:10:04 - The Americans With Disability Act 00:11:04 - The Family and Medical Leave Act (FMLA) 00:13:17 - The Affordable Care Act 00:15:05 - The Lilly Ledbetter Fair Pay Act 00:17:40 - The Pregnant Workers Fairness Act And if you love I Hate It Here, sign up to Hebba's newsletter! It's for jaded, overworked, and emotionally burnt-out HR/People Operations professionals needing a little inspiration. https://workweek.com/discover-newsletters/i-hate-it-here-newsletter/ And if you love the podcast, be sure to check out https://www.youtube.com/@ihateit-here for even more exclusive insider content! Follow Hebba: YouTube: https://www.youtube.com/@ihateit-here/videos LinkedIn: https://linkedin.com/in/hebba-youssef Twitter: https://twitter.com/hebbamyoussef
In Episode 30 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Graham Newsome to discuss recent updates in labor and employment law. Please make sure to like and subscribe to The Chartwell Chronicles wherever podcasts are available and join our hosts as they dive deeper into Chartwell Law's practice areas and jurisdictions. Don't forget to rate and review The Chartwell Chronicles on whichever platform you are listening! About our hosts: Colin Davis is a partner in Chartwell Law's Moorestown, NJ office, where he focuses his practice exclusively on workers' compensation and representing employers, self-insureds, insurance carriers, and adjusters operating in New Jersey. To contact Colin or view his full attorney bio, please visit his attorney page on the Chartwell Law website, AVAILABLE HERE. Brittany Atkinson is a partner in Chartwell Law's Moorestown, NJ office, practicing workers' compensation litigation and defending insurance carriers, large self-insured businesses and third-party administrators in claims resulting from work-related injuries. To contact Brittany or view her full attorney bio, please visit her attorney page on the Chartwell Law website, AVAILABLE HERE. Graham Newsome is a partner in Chartwell Law's Atlanta, GA office, where he focuses his practice on employment litigation defending corporations in administrative charges and lawsuits arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), as well as related state laws. To contact Graham or view his full attorney bio, please visit his attorney page on the Chartwell Law website, AVAILABLE HERE. Connect with Chartwell Law: Firm Website JD Supra LinkedIn Legal Disclaimer: The Chartwell Chronicles podcast does not constitute legal advice. Every case is unique and fact-specific, and you should consult with an attorney of your choice before taking or refraining from taking any action. Chartwell has offices in many cities and states, and the podcast hosts work primarily out of the firm's Moorestown, NJ office. News reports, references and other materials noted herein are no substitute for your own investigation of relevant facts. Allegations are just that; they are not proof of any wrongdoing or inappropriate practices. This podcast is intended for clients of Chartwell Law and for those companies with existing or future professional relationships with Chartwell Law. Copyright © 2024 The Chartwell Law Offices, LLP. All Rights Reserved. Attorney Advertising. Prior results do not guarantee a similar outcome.
This episode discusses some of the major areas of potential liability for employers that violate the Family and Medical Leave Act (FMLA).
Discover all of the podcasts in our network, search for specific episodes, get the Optimal Living Daily workbook, and learn more at: OLDPodcast.com. Episode 1338: Dive into the concept of a sabbatical with Anne-Lyse Wealth, as she explains the practical steps and benefits of taking extended leave from work to pursue personal and professional growth. Learn how to negotiate with your employer, plan financially, and make the most of your time away from routine to recharge and rediscover your aspirations. Read along with the original article(s) here: https://marriagekidsandmoney.com/what-is-a-sabbatical Quotes to ponder: "Researching your company's practices regarding sabbaticals will prepare you to have a productive discussion with your employer." "If you plan to take unpaid leave or receive a partial salary during your leave, more financial preparation will be necessary." "Whether to pursue personal or professional interests, people take extended leaves from work for various reasons." Episode references: Society for Human Resource Management: https://www.shrm.org/ Family and Medical Leave Act (FMLA): https://www.dol.gov/agencies/whd/fmla Healthcare.gov: https://www.healthcare.gov/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Discover all of the podcasts in our network, search for specific episodes, get the Optimal Living Daily workbook, and learn more at: OLDPodcast.com. Episode 1338: Dive into the concept of a sabbatical with Anne-Lyse Wealth, as she explains the practical steps and benefits of taking extended leave from work to pursue personal and professional growth. Learn how to negotiate with your employer, plan financially, and make the most of your time away from routine to recharge and rediscover your aspirations. Read along with the original article(s) here: https://marriagekidsandmoney.com/what-is-a-sabbatical Quotes to ponder: "Researching your company's practices regarding sabbaticals will prepare you to have a productive discussion with your employer." "If you plan to take unpaid leave or receive a partial salary during your leave, more financial preparation will be necessary." "Whether to pursue personal or professional interests, people take extended leaves from work for various reasons." Episode references: Society for Human Resource Management: https://www.shrm.org/ Family and Medical Leave Act (FMLA): https://www.dol.gov/agencies/whd/fmla Healthcare.gov: https://www.healthcare.gov/ Learn more about your ad choices. Visit megaphone.fm/adchoices
On this episode of Ask Michelle, Michelle is joined by KC Rippstein, Employee Benefits Compliance Practice Lead at IMA. They provided updates on California's Workplace Violence Prevention Plan (WVPP), EEOC's final rule on pregnancy accommodations, and the FTC's recent noncompete ban. Michelle answered questions regarding the WVPP training requirement for employers with remote employees, the RxDC employer survey, and if employees can keep contributing money towards their health spending account (FSA) even if they are on leave under the Family and Medical Leave Act (FMLA). Curious about a compliance issue? Submit your questions to AskMichelle@imacorp.com and Michelle will answer them on the next episode
FMLA Link: https://www.dol.gov/general/topic/benefits-leave/fmla Thank you for listening!! Don't forget to SUBSCRIBE ✅and click
In this podcast, Charles Thompson (co-chair of the firm's Leaves of Absence/Reasonable Accommodation Practice Group), sits down with Stacy Bunck (shareholder, Kansas City), and John Stretton (office managing shareholder, Stamford) to discuss three new federal Family and Medical Leave Act (FMLA) decisions. The speakers cover the FMLA's notice requirements and deadlines, the definition of a serious health condition, and the nuances involved with returning an employee to an equivalent position following a leave of absence.
The Family and Medical Leave Act (FMLA) offers leave with job and benefit protection to eligible employees for qualifying events. However, employers are not required to pay employees when they take leave under FMLA or similar leave laws. In response to the absence of a federal paid leave law, multiple states throughout the U.S. have enacted their own programs to provide employees in their states with paid family and/or medical leave. The challenge is that these mandates differ widely from one another, resulting in a confusing patchwork of benefit and leave policies that creates major compliance challenges for employers that have employees in multiple jurisdictions. Learn more in this podcast featuring two of our workforce absence experts: Brice Caswell, director of product compliance and statutory administration and David Setzkorn, SVP, workforce absence and disability practice leader. #FMLA
In episode 127, Coffey talks with Caroline Harrison about the challenges of being a multistate employer.They discuss the post-Covid growth in remote out-of-state employees; legal considerations for multistate employers; responding to the phenomenon of nomad employees; when companies are required to register and pay taxes as business in another state; noncompetes and other employment-related agreements; policies to help manage multistate employees; and complying with multiple states' PTO and FMLA laws.Good Morning, HR is brought to you by Imperative—premium background checks with fast and friendly service. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com. If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com. About our Guest:Caroline Harrison is the Managing Partner of the Fort Worth firm of Pham Harrison LLP. As an attorney Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, she represents employers in disputes with former employees, and guides them through the sometimes-confusing arena of employment law. Her practice focuses on employment litigation and counseling. Caroline is a frequent speaker on a variety of employment topics. Recently she was honored to receive the inaugural Private Practice Achievement award from the Texas A&M School of Law Alumni Association. She is also a past Chair of the Texas Minority Counsel program and the current Chair of the Tarrant County Bar Association Women Attorney Section. She assists employers in variety of areas, including anti-discrimination and retaliation laws, drafting and enforcing covenants not to compete and non-solicitation agreements, and protection of trade secrets. She advises employers on the Family and Medical Leave Act (“FMLA”), Unemployment Compensation appeals, handling complex investigations into sensitive employment issues, Wage and Hour issues, and classification of employees under the Fair Labor Standards Act (“FLSA”). She provides counseling on complex issues including discipline, termination, harassment, investigations, effective employment practices, litigation avoidance and accommodation of disabilities.Caroline Harrison can be reached at https://www.phamharrison.comhttps://www.linkedin.com/in/caroline-harrison-56062b1a/https://www.linkedin.com/company/phamharrison/About Mike Coffey:Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year. Additionally, Imperative has been named the Texas Association of Business' small business of the year and is accredited by the Professional Background Screening Association. Mike is a member of the Fort Worth chapter of the Entrepreneurs' Organization and volunteers with the SHRM Texas State Council.Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.Learning Objectives:1. Understand the challenges faced by employers with out-of-state employees.2. Research and develop out-of-state remote-work policies.3. Comply with other states' legal and regulatory burdens on businesses, including payroll taxes, corporate registration and taxation, paid time off, and family leave.
As 2023 comes to a close, Fisher Phillips' Mike Carrouth joins host Peter List to discuss the Union of Southern Service Workers, some of the major events of 2023 and potential issues facing employers in 2024.Mr. Carrouth is a partner in Fisher Phillips' Columbia, South Carolina office and has a nationwide practice representing employers on labor relations matters in more than 30 states.This work includes successfully defending against multi-site and multi-state national organizing blitzes and card-check/neutrality campaigns. Mike also has represented clients in numerous litigation matters, including jury trials, involving Family and Medical Leave Act (FMLA), Title VII, breach of employment contract, and non-compete enforcement. He practices before state and federal courts, the National Labor Relations Board (NLRB), and state and federal administrative agencies in the areas of union-related matters, employment litigation, discrimination cases, non-compete agreements, and wrongful discharge cases. To connect with Mike on LinkedIn, go here.Related: Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for EmployersSEIU's Union of Southern Service Workers Targets Employers With 'Guerrilla' ActionsSEIU Starts 'Cross-Sector' Union to Unionize Workers across the SouthGo here for all prior episodes of Labor Relations Radio__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.
As 2023 comes to a close, Fisher Phillips' Mike Carrouth joins host Peter List to discuss the Union of Southern Service Workers, some of the major events of 2023 and potential issues facing employers in 2024.Mr. Carrouth is a partner in Fisher Phillips' Columbia, South Carolina office and has a nationwide practice representing employers on labor relations matters in more than 30 states.This work includes successfully defending against multi-site and multi-state national organizing blitzes and card-check/neutrality campaigns. Mike also has represented clients in numerous litigation matters, including jury trials, involving Family and Medical Leave Act (FMLA), Title VII, breach of employment contract, and non-compete enforcement. He practices before state and federal courts, the National Labor Relations Board (NLRB), and state and federal administrative agencies in the areas of union-related matters, employment litigation, discrimination cases, non-compete agreements, and wrongful discharge cases. To connect with Mike on LinkedIn, go here.Related: * Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers* SEIU's Union of Southern Service Workers Targets Employers With 'Guerrilla' Actions* SEIU Starts 'Cross-Sector' Union to Unionize Workers across the South* Go here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe
For HR professionals, navigating the intricacies of substance abuse in the workplace is both urgent and complex. With a significant number of workers believing in employer support for substance use management and widespread misconceptions about addiction treatments, HR faces the challenge of balancing employee well-being with organizational needs.This week, AIM's own Lori Bourgoin and Tom Jones join Pete Wright to delve deep into this complex issue, highlighting the real-world scenarios HR must grapple with, the legal implications, and the critical role they play in addressing and managing substance use challenges in the modern workplace. Links & Notes The Americans with Disabilities Act (ADA) of 1990 The Civil Rights Act of 1964 The Family and Medical Leave Act (FMLA) of 1993 The National Labor Relations Act (NRLA) of 1935 FindTreatment.gov Substance Abuse and Mental Health Services Administration AIM members can reach the HR Helpline at 800-470-6277, online, or via email at helpline@aimnet.org for inquiries Monday through Friday from 8:30 a.m. – 5:00 p.m. (EST). Email requests will be responded to within 24 hours.
In this episode, we delve into the crucial realm of federal pregnancy laws that every expectant parent should be aware of. Join us as Linzay Davis from The Park Consulting breaks down the four key federal regulations designed to protect the rights and well-being of pregnant individuals in the workplace. From the Pregnancy Discrimination Act and Family and Medical Leave Act (FMLA) to the PUMP Act, we unravel the complexities of each law, exploring their implications, coverage, and how they interplay. Whether you're an employee, an employer, or simply curious about the rights of pregnant workers, tune in to empower yourself with knowledge about these essential safeguards. Your rights matter, and we're here to help you understand and navigate them.theparkconsulting.comlinzay@theparkconsulting.comIG: @theparkconsultingTikTik: @theparkconsultingLinkedin: https://www.linkedin.com/in/linzaydavis/www.mamawearsathleisure.comIG: @mamawearsathleisureYouTube: @mamawearsathleisuremamawearsathleisure@gmail.comInterested in being a guest? Shoot us an email!- best parenting podcast- best new mom podcast- best podcasts for new moms- best pregnancy podcast- best podcast for expecting moms- best podcast for moms- best podcast for postpartum- best prenatal podcast- best postnatal podcast- best podcast for postnatal moms- best podcast for pregnancy moms
Today I want to discuss a topic that can be confusing for employers regarding the Family Medical Leave Act, known as FMLA, which is a federal law allowing certain employees the ability to take reasonable, unpaid jobs, and protect expected leave for family and medical reasons. It also requires that their group health benefits be maintained during the Leaf.Tune in to today's episode to learn if this law applies to you and if so, the guidelines to follow.BHB2024Support the show
This week, we break down the enforcement of the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission's (EEOC's) EEO-1 report filing delay, and the U.S. Department of Labor's (DOL's) recent opinion on the Family and Medical Leave Act (FMLA). Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw309 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
In episode #145, Dr. Julie Bindeman shares her expertise on bereavement and workplace leave policies related to miscarriage. We talk about the current availability of leave allowed for pregnancy loss, how grief can impact us in the workplace, and what we can do to advocate for change. Dr. Julie Bindeman graduated from the George Washington University and is the co-owner of Integrative Therapy of Greater Washington in Rockville, Maryland. Her specialty is in the field of Reproductive Psychology, where she actively writes, lectures, and presents. She is an approved consultant in EMDR through EMDRIA. She has served on several committees within the Mental Health Professional Group of the American Society for Reproductive Medicine and was elected in 2021 to its Executive Committee. She served as a former Board Member of the Maryland Psychological Association for over 10 years. Dr. Bindeman is a member of multiple organizations focused on Maternal and Reproductive Mental Health and was appointed by the Governor of Maryland to serve on its Maternal Mental Health Task Force. She was recently awarded the Karl Heiser Award for her legislative efforts on behalf of psychology. Dr. Bindeman has published several chapters and articles pertaining to Reproductive Psychology. Topics Discussed: Bereavement leave, Family and Medical Leave Act (FMLA), short-term disability, effects of grief in the workplace, how to advocate for flexible leave policies, post-traumatic growth CONNECT WITH DR. BINDEMAN - www.GreaterWashingtonTherapy.com instagram.com/drjuliebindeman twitter.com/drjulieb MISCARRIAGE HOPE DESK RESOURCES- Miscarriage Hope Desk aims to help women struggling miscarriage, pregnancy loss and recurrent miscarriages (RPL), by providing the following resources- Library of Articles, found here- https://miscarriagehopedesk.com/library/understanding-why/ Instagram Community- https://instagram.com/miscarriagehopedesk Facebook Community- https://www.facebook.com/groups/1617075958466247/ Free Miscarriage Lab Checklist- https://miscarriagehopedesk.com/labs Free Weekly Newsletter- http://miscarriagehopedesk.com/newsletter FREE MEAL PLANS Do you need help getting healthy, tasty meals on the table? Check out our sponsor Prep Dish, PrepDish.com/mhd to get 2 weeks FREE! SHOW NOTES- https://miscarriagehopedesk.com/podcast/ Get a FREE Miscarriage Lab Testing Checklist- http://MiscarriageHopeDesk.com/labs
The Paychex Business Series Podcast with Gene Marks - Coronavirus
Congresswoman Stephanie Bice from Oklahoma and Congresswoman Chrissy Houlahan from Pennsylvania are part of a bipartisan group working towards the creation of a federal paid family leave. Take a listen as both Representatives talk with host Gene Marks about how they are approaching this initiative, where the money may come from to support it, how they would help business owners, and more. Topics Include: 00:00 – Welcome, Rep. Houlahan and Rep. Bice 00:51 – A bipartisan paid family leave working group 02:58 – The personal interest in paid family leave 04:21 – A focus on FMLA 05:47 – A national vs. state policy 07:35 – A comparison to other nations 09:41 – How paid family leave may be paid for 11:35 – The cultural influence of family medical leave 13:16 – How to support business owners 14:42 – Who would carry out this law 17:54 – Providing flexibility in the workplace 19:29 – Where does the initiative go next? 22:33 – Wrap up Learn about the Family and Medical Leave Act (FMLA) at www.paychex.com/articles/human-resources/fmla-faq. DISCLAIMER: The information presented in this podcast, and that is further provided by the presenter, should not be considered legal or accounting advice, and should not substitute for legal, accounting, or other professional advice in which the facts and circumstances may warrant. We encourage you to consult legal counsel as it pertains to your own unique situation(s) and/or with any specific legal questions you may have.
This episode of Workplace Strategies Watercooler, which was recorded at Ogletree Deakins' national Workplace Strategies seminar, features a discussion of reasonable accommodations issues emerging from the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), state paid leave laws, and mini-FMLA laws. Our speakers, Shareholder Charles L. Thompson, IV, who is a co-chair of the Ogletree Deakins Leaves of Absence/Reasonable Accommodations group, was joined by Shareholder Stacy M. Bunck (Kansas City) and Shareholder John G. Stretton (Stamford). The podcast addresses the many facets of employers' accommodations obligations, including timeframes for action, the interactive process, documentation requirements, intermittent claims, and return-to-work issues.
Do you have an HR management plan in place?In this episode of Design Your Wedding Business, we are talking about another one of the 8 CEOs: teams! Yep, you are your own Chief of Staff/HR Department! If you have a team already, this means you serve as a leader to all of your employees whether they are on payroll or contractors. You are responsible for ensuring they have everything they need to perform their job and meet expectations, as well as providing feedback to help them improve in their role.If you're on your own, you might not worry about wearing this hat right now, but when you reach a point where you need help, and you will, you will be responsible for navigating every step of the hiring process, from writing the job description and conducting interviews to selecting the right candidate and onboarding them. If you haven't prepared for that, now's the time to get started!Topics covered in this episode include:What your strategic HR management plan isEverything you need to consider when you're bringing on employeesThe importance of knowing the federal and state lawsTune in to get started on your strategic HR management plan!I would love to connect on Facebook: www.facebook.com/DesignYourWeddingBusiness & Instagram: www.instagram.com/designyourweddingbusiness/!Resources Mentioned:U.S. Department of Labor General Resources: https://www.dol.gov/general/topicsHours Worked Under the Fair Labor Standards Act (FLSA) Fact Sheet: https://www.dol.gov/whd/regs/compliance/whdfs22.htmThe Family and Medical Leave Act (FMLA): https://www.dol.gov/general/topic/workhours/fmlaThe Americans with Disabilities Act: https://www.dol.gov/general/topic/disability/adaStrategic Human Resource Management Plan PDF: https://drive.google.com/file/d/1RvKHK4gjZ9HLnkveESAibAa7ipbHeYvy/view?usp=share_link Show notes available at jentaylorconsulting.com/episode52
Are you a working parent expecting a baby? Or are you an HR professional looking to support pregnant and nursing employees? Regardless, you'll want to tune in to this episode of Human Solutions. Pete Wright hosts experts Kyle Pardo and Tom Jones from AIM HR Solutions as they discuss everything from legal requirements for employers to mental health support for pregnant workers.We'll explore the PUMP Act, a new law expanding the 2010 break time law for nursing mothers in the workplace. We'll navigate the ins and outs of the legislation and learn how HR professionals can ensure they stay up to date on relevant laws and regulations related to pregnancy and the workplace. But we won't stop there. We'll also explore pregnancy discrimination and the Family and Medical Leave Act (FMLA). Whether you're a working parent, an HR professional, or just curious about this important topic, you won't want to miss this episode.Links & Notes FLSA Protections to Pump At Work Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work MCAD Guidance on the Pregnant Workers Fairness Act What You Should Know about the Pregnant Workers Fairness Act What to Expect When You're Expecting (and After the Birth of Your Child)...at Work The PUMP for Nursing Mothers Act: What You Should Know
February 2023 marks the 30th anniversary of the Family and Medical Leave Act (FMLA) and president of National Partnerships for Women and Families, Jocelyn Frye, is on talking about the impact of this law for women in the workplace.The Obama administration alum also talks about what it like being a Black woman fighting for women's rights in Washington. Hosted on Acast. See acast.com/privacy for more information.
In this podcast, host Bill Grob is joined by Chris Cascino to discuss the U.S. Department of Labor's (DOL) new opinion letter on how the Family and Medical Leave Act (FMLA) applies in employee scheduling. Our speakers discuss the background of the opinion letter, the intricacies of offering intermittent leave for an indefinite period of time, and the DOL's stance that employees may limit their work schedules on an intermittent leave basis in perpetuity. Bill and Chris also discuss the methods available to employers in terms of scheduling, the intersection of the Americans with Disabilities Act with the FMLA, and undue hardship exemptions under the ADA.
Work. We all do it because we have bills to pay. But what happens when an unexpected emergency occurs and you need time away from work-hopefully paid time? To discuss work, the Family and Medical Leave Act (FMLA), paid leave, and the possibilities of disconnecting work from benefits, L. Joy brings Executive Director of Family Values @ Work, Josephine Kalepini to the front of the class.
Creating a Family: Talk about Infertility, Adoption & Foster Care
Are adoptive parents eligible for parental leave? What about foster parents or kinship parents? We talk with Dr. Amy Beacom and Sue Campbell, with the Center for Parental Leave Leadership and co-authors of The Parental Leave Playbook.In this episode, we cover:What are the laws and rules surrounding parental leave in the US?Who is eligible for parental leave under the Family and Medical Leave Act (FMLA)?Parental leave on the company levelHow does parental leave differ from maternity leave paternity leave?Policies that require employees to pay back their parental leave if they do not stay employed with the company/organization for a certain period of time. How does this differ from other countries?Are the laws/rules different for mothers and fathers? Are they gender neutral?Do you receive your salary when you are on parental leave?Does parental leave differ for someone adopting a child?Are adoptive families are protected under the Family and Medical Leave Act (FMLA)?Are birth mothers eligible for parental leave?Does their have to be a legal relationship between the parent and the child? Does parental leave differ for someone fostering a child? Are you eligible for parental leave with every new foster placement?Can kinship caregivers receive parental leave?The Parental Leave Playbooklays out a process for approaching parental leave in three phases: preparing for your leave, during leave, and returning from leave.What steps should you take to be successful in each phase?To support the Paid Leave for All Act This podcast is produced by www.CreatingaFamily.org. We are a national non-profit with the mission to strengthen and inspire adoptive, foster & kinship parents and the professionals who support them. Creating a Family brings you the following trauma-informed, expert-based content:Weekly podcastsWeekly articles/blog postsResource pages on all aspects of family buildingPlease leave us a rating or review RateThisPodcast.com/creatingafamilySupport the showDo you want more expert-based information? Check out our free resources at CreatingaFamily.org.
There's no doubt that technology has changed the way we live and work. And as technology has evolved, so too have the ways we use it to improve our lives and work. One area where technology has had a significant impact is in the benefits space. Listen in as Ellen McCann and host Shari Simpson discuss how to best leverage your technology to increase benefit utilization. Guest: Ellen McCann, Assistant Vice President, Unum Solutions Ellen is an acclaimed national speaker on leave management issues, including the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). She is also a certified trainer for the Society for Human Resources Management (SHRM) and continuing education (CE) credit. As Assistant Vice President Unum Solutions, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to help develop and create solutions that enable employers to address the challenges of leave and accommodations. Currently, Ellen is helping to create, define and support Total Leave, Unum's modern, digital leave management solution, and Unum's Vaccine Verifier, a digital solution that helps track vaccination status, manage exemption requests and oversee testing. Ellen joined Unum's Solutions organization in August of 2021 after briefly working for the employment law firm of Littler Mendelson. Before working for Littler, Ellen was Assistant Vice President, Legal Counsel of Unum's Employment Law Group, where she provided legal support to Unum's Absence Management Center and advised Human Resources on all employment-related legal issues for more than 23 years. She worked for a law firm in Boston for seven years before joining Unum. Ellen graduated from the College of the Holy Cross and the University of Notre Dame Law School. Mentioned in the episode: Unum
Understanding leaves of absence and accommodations in the United States generally begins with the federal Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). While both laws have been around since the early-1990s, their many nuances and moving parts, as well as novel external factors such as COVID-19, continue to require careful navigation by even the most seasoned attorneys, benefits professionals and human resources teams. During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert guest, Bill Perkins, from Seyfarth Shaw LLP's New York Office, to discuss many important issues involving the FMLA and ADA. Specific topics include overviews of the FMLA and ADA, managing intermittent leave under the FMLA, responding to requests for FMLA leave for COVID or COVID-related conditions, leave and remote work as a reasonable accommodation under the ADA, and ADA accommodation requests by employees related to mental health issues.
Attorney Dan Johns of the Cozen O'Connor law firm in Philadelphia joins Tim to talk about why, all of a sudden, employees at some well-known companies organizing to unionize their workforces. Dan has been consistently named to the Best Lawyers in America list for employment law, labor and employment litigation. Are unions in America making a comeback? Let's find out. https://traffic.libsyn.com/secure/shapingopinion/Union_Organizing_Final_auphonic.mp3 Amid some union victories at some major American brands, successful organizing efforts to unionize employees in places like Buffalo and Staten Island have given the organized labor movement hope that new generations may embrace collective bargaining as the “new” way to go to work. But are these victories anomalies, or are they a trend that promises to continue? But perhaps even more importantly, the interest in unionization now? Why now? Links Dan Johns Bio, Cozen O'Connor Website National Labor Relations Board, NLRB Website National Labor Relations Act, NLRB Website US Unions See Unusually Promising Moment Amid Wave of Victories, The Guardian About this Episode's Guest Dan Johns Daniel V. Johns litigates employment-related matters in courtrooms throughout the country, including numerous Courts of Appeals. Throughout his 25-year career, Daniel has represented and advised employers and their management in an array of labor and employment issues, including discrimination, harassment, and other civil rights litigation; interest and grievance arbitrations; at-will litigation; restrictive covenant/trade secret claims; benefits litigation; independent contractor classification issues; collective bargaining; union avoidance; and unfair labor practice litigation before the National Labor Relations Board and various state agencies. Recognized by Chambers USA: America's Leading Lawyers for Business, labor and employment law, 2012-2020; and The Best Lawyers in America, employment law, labor and employment litigation, 2012-2021, Daniel has served as lead trial counsel in litigation matters around the country, including claims brought under: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act (ERISA), as well as various other federal, state, and local employment laws. Daniel earned his J.D. at the University of Virginia School of Law and his B.A. at the University of Notre Dame.
Jeff Stewart is joined again by George Morrison to discuss the ins and outs of The Family and Medical Leave Act (FMLA). Jeff and George are both attorneys in White and William's Labor and Employment Practice Group and are located in our Lehigh Valley, Pennsylvania office.
The Family and Medical Leave Act of 1993 (FMLA) is a U.S. law that requires covered employers to provide employees with protected, unpaid leave for certain medical and family reasons. Yet, many Americans are unsure of the ways in which FMLA could make a significant difference in their ability to meet parenting or caregiving responsibilities as a working person. Join Torchlight host Stefanie Boucher for a conversation with Teri Weber, a partner and Senior Vice President at Spring Consulting group and subject matter expert on employee benefits and absence management programs, including FMLA. In this episode, you'll learn about:•FMLA basics, including who is eligible to use FMLA and what criteria must be met;•How to talk to your employer about using FMLA to meet medical or family needs;•What to do if you're getting resistance from your employer; and,•More!About Our Guest:Teri Weber is a partner and Senior Vice President with Spring Consulting Group. She has over 15 years of experience in health and welfare plan strategy, design, and implementation. In addition, she is a subject matter expert on absence management programs, including disability, family medical leave, and leave of absence tracking. Her areas of expertise have allowed her to work with diverse employers and vendors to streamline processes and programs to meet the needs of both employers and employees. Teri holds a BS from the University of Connecticut and an MBA from the University of Massachusetts.
The Family and Medical Leave Act of 1993 (FMLA) is a U.S. law that requires covered employers to provide employees with protected, unpaid leave for certain medical and family reasons. Yet, many Americans are unsure of the ways in which FMLA could make a significant difference in their ability to meet parenting or caregiving responsibilities as a working person. Join Torchlight host Stefanie Boucher for a conversation with Teri Weber, a partner and Senior Vice President at Spring Consulting group and subject matter expert on employee benefits and absence management programs, including FMLA. In this episode, you'll learn about:•FMLA basics, including who is eligible to use FMLA and what criteria must be met;•How to talk to your employer about using FMLA to meet medical or family needs;•What to do if you're getting resistance from your employer; and,•More!About Our Guest:Teri Weber is a partner and Senior Vice President with Spring Consulting Group. She has over 15 years of experience in health and welfare plan strategy, design, and implementation. In addition, she is a subject matter expert on absence management programs, including disability, family medical leave, and leave of absence tracking. Her areas of expertise have allowed her to work with diverse employers and vendors to streamline processes and programs to meet the needs of both employers and employees. Teri holds a BS from the University of Connecticut and an MBA from the University of Massachusetts.
Michael Macomber is a partner and CEO of Tully Rinckey PLLC, a national law firm that specializes in Federal Employment Law, Military Law and Security Clearance representation. In addition to being a Partner and CEO at Tully Rinckey PLLC, Michael is the Section Chair of the firm's New York State Employment Group. He focuses his practice on federal and private sector employment law claims, including claims involving the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), New York Labor Law, New York Executive Law and Qui Tam claims. In his federal employment practice, Michael has represented employees before the United States Court of Appeals for Federal Circuit, MSPB, EEOC, NLRB, OSC, and various OIGs https://www.tullylegal.com/ --- Send in a voice message: https://anchor.fm/ferah-ozbek/message
As a follow-up to Episode 34 on the federal vaccine mandate, Unum employment law and compliance expert Ellen McCann joins guest host Nate Smith with updates for employers on OSHA's most recent guidance, outlining what employers need to know, what clarifications occurred with OSHA's guidance and important timelines to consider.* - Employers with 100 or more employees will need to choose which route to take. Under OSHA's Emergency Temporary Standard, employers can choose between requiring 1) All employees to be vaccinated 2) Employees to choose between weekly testing or full vaccination. [3:15] - The mandate plan has several components that relate to different type of employees. For example, employees who work exclusively from home will not be subject to this mandate. In this case, they will need to be tested before coming into the workplace. [4:58] - These new requirements are set to go into effect in the near future. OSHA has published a chart on their website that shows compliance dates and requirements. [7:05] - No matter which route employers take, precise record-keeping will be critical. Supportive solutions will help employers manage the complex requirements, from proof of vaccination status to testing results to vaccination exemptions. [8:41]- The right technology solution can help employers. Systems like Unum Vaccine Verifier make it easy for employers to maintain an accurate, up-to-date vaccination and test result roster in one place. [15:43]- How do recent court rulings impact employers? The 5th Circuit Court of Appeals has issued an injunction, halting the mandate for the time-being. Be on the lookout for more information as the case proceeds. [19:24]- Additional resources: How the federal vaccine mandate may affect employers. *Currently subject to a temporary stay by the 5th Circuit Court of Appeals. Featured Speaker Ellen McCannAssistant Vice President of Unum Solutions Ellen McCann has expertise in leave management, specifically the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). As Assistant Vice President, Unum Solutions, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to create solutions that help employers manage the complex leave process. Currently, she supports Total Leave, Unum's digital leave management solution, and Unum Vaccine Verifier, a simple, secure way to verify vaccination status, manage exemptions and manage COVID testing compliance. Previously, Ellen worked in the Employment Law Group, providing support to Unum's Absence Management Center and advised Human Resources on employment-related legal issues for more than 20 years. She worked at Davis, Malm & D'Agostine law firm in Boston prior to joining Unum. She is also a certified trainer for the Society for Human Resources Management (SHRM).
Creating a Family: Talk about Infertility, Adoption & Foster Care
Are adoptive parents eligible for parental leave? What about foster parents or kinship parents? We talk with Dr. Amy Beacom and Sue Campbell, with the Center for Parental Leave Leadership and co-authors of The Parental Leave Playbook.In this episode, we cover:What are the laws and rules surrounding parental leave in the US?Who is eligible for parental leave under the Family and Medical Leave Act (FMLA)?Parental leave on the company level.How does parental leave differ from maternity leave or paternity leave?Policies that require employees to pay back their parental leave if they do not stay employed with the company/organization for a certain period of time. How does this differ from other countries?Are the laws/rules different for mothers and fathers? Are they gender neutral?Do you receive your salary when you are on parental leave?Does parental leave differ for someone adopting a child?Are adoptive families protected under the Family and Medical Leave Act (FMLA)?Are birth mothers eligible for parental leave?Does there have to be a legal relationship between the parent and the child? Does parental leave differ for someone fostering a child? Are you eligible for parental leave with every new foster placement?Can kinship caregivers receive parental leave?The Parental Leave Playbook lays out a process for approaching parental leave in three phases: preparing for your leave, during leave, and returning from leave.What steps should you take to be successful in each phase?To support the Paid Leave for All Act This podcast is produced by www.CreatingaFamily.org. We are a national non-profit with the mission to strengthen and inspire adoptive, foster & kinship parents and the professionals who support them. Creating a Family brings you the following trauma-informed, expert-based content:Weekly podcastsWeekly articles/blog postsResource pages on all aspects of family buildingPlease leave us a rating or review RateThisPodcast.com/creatingafamilySupport the show (https://creatingafamily.org/donation/)
Most office workers think of paid sick leave as a benefit for them and their family members, but there are societal benefits to paid sick leave as well.Since 1993, the United States has guaranteed access to unpaid sick leave through the Family and Medical Leave Act (FMLA) but that guarantee leaves out a large number of workers. A growing number of US states and localities have sought to fill-in some gaps of the FMLA, but many remain.Jody Heymann from the University of California, Los Angeles joins A Health Podyssey to talk about access to sick leave, both paid and unpaid.Heymann and colleagues published a paper in the September 2021 issue of Health Affairs documenting how FMLA eligibility requirements contribute to racial and ethnic disparities. They found that FMLA eligibility restrictions exclude over half of private sector and self-employed workers from coverage. In addition, they found higher rates of exclusion among female black, Indigenous and multi-racial workers.Join the conversation and listen as Health Affairs Editor-in-Chief Alan Weil interviews Jody Heymann about why the US stands alone globally in having such a limited safety net for sick leave — and what it means for population health.If you like this interview, order the September issue of Health Affairs.Order the October Perinatal Mental Health Theme Issue.Subscribe: RSS | Apple Podcasts | Spotify | Stitcher | Google Podcasts
Undergoing treatment for a major illness like cancer may require you to take time off from your job or request certain accommodations from your employer. Attorney Adam Paskoff, Esq., Paskoff & Tamber LLC, explains different laws and considerations to protect eligible employees, including the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA). Paskoff explains that certain state laws (varying by state) can offer other options including Paid Family Leave Protection.Fearless Fabulous You Radio Show is broadcast live at 12noon ET Wednesdays on W4WN Radio – The Women 4 Women Network (www.w4wn.com) part of Talk 4 Radio (www.talk4radio.com) on the Talk 4 Media Network (www.talk4media.com). This podcast is also available on Talk 4 Podcasting (www.talk4podcasting.com).
In this Episode, Sara Hudson, of the Houston, Texas, metro area, is a benefits manager for a large organization that specializes in HR outsourcing services. She's been working with the same company for 15 years, with the past 11 of those working from a home office. She's also a mother to two young children, who have been attending a daycare that remained open throughout the pandemic, so her workday has not changed very much in the past year. In this episode, Sara talks about issues relating to human resources, such as when someone takes a leave of absence (LOA) or utilizes the Family and Medical Leave Act (FMLA). She shares that employees are generally inclined to take less sick time when they can work from the comforts of home when they can continue to do their job but working with a cough or a headache when going into the office wouldn't be an option. Sara works with the internal HR side of her company which generally isn't able to do intermittent FMLA, but they and other companies have some flexibility when working through more difficult cases, such as when parents have a parental leave with a baby in a NICU. Sara said that when it comes to flexibility, such as with a work schedule question, it's often just a matter of speaking with a manager or HR department and asking what options are available or a possibility for the future. You can find Sara on LinkedIn: https://www.linkedin.com/in/sara-hudson-texas/ (https://www.linkedin.com/in/sara-hudson-texas/) ***** Can't watch the video right now? Check out the full transcript on our podcast website at: https://www.yesiworkfromhome.com/podcast/episodes/46 Our podcast is now live on Apple Podcast, Spotify, Stitcher, Amazon, Google, and anywhere else you prefer to listen to your podcasts. We appreciate any of our listeners who listen, download, subscribe, or leave a positive rating or review. Thank you! **** If you'd like to be a guest on the Yes, I Work From Home Podcast, please go to https://www.yesiworkfromhome.com/podc... and click on the first big green "guest interview" button to let us know more about you and your work-from-home life. We are on the lookout for people with interesting stories about how they're making their WFH life work, whether you're working for yourself or someone else. You can also recommend someone else who you think would be a great fit for this podcast using the second green button "guest recommendation." Find out more about our host, April Malone, and Yes, I Work From Home at our website https://www.yesiworkfromhome.com If you work from home as an remote work/teleworking employee, freelancer, independent contractor, or entrepreneur, please join our work-from-home community on Facebook at: https://www.facebook.com/groups/yesiw...
MNN InsightsThis MNN Insights webinar is open to everyone. We will discuss current events and critical information that will help manufacturing leaders navigate to a successful future beyond the COVID 19 pandemic.The Biden administration’s goals include strengthening unions by comprehensive changes to laws and regulations, including: increasing the number of American workers subject to collective bargaining, permitting secondary boycotts and short-term strikes, mandatory mediation and arbitration of some collective bargaining disputes, and increased penalties for labor and employment law violations. A central component of the Administration’s agenda will be The Protecting the Right to Organize Act (PRO Act), which had passed the House of Representatives in February 2020, and was recently re-introduced in the House and Senate. The PRO Act includes most of the administration’s goals. And, with Congress controlled by Democrats, the Pro Act may very well be voted on in the House and Senate during 2021. Please enjoy this interactive panel discussion on the elements contained in the PRO Act with Raanon Gal as moderator and Joe Bryan, Michael MacHarg and Peter Spanos as panelists. Raanon Gal focuses his practice on defending employers in employment discrimination, Family and Medical Leave Act (FMLA), wage and hour, harassment and wrongful termination litigation. Mr. Gal also helps companies with risk management and instituting preventative measures to avoid liability. Joe Bryan represents employers in labor law disputes under the National Labor Relations Act, including unfair labor practice proceedings, union representation cases, strikes, arbitration hearings and litigation. He is a certified labor arbitrator and mediator, and frequently represents employers in collective bargaining, arbitration and mediation. Michael MacHarg has deep experience representing employers with regard to labor issues. He has successfully represented management in dozens of union organizing campaigns and has conducted more than 1000 unfair labor investigations. Additionally, Mr. MacHarg has extensive experience related to workplace safety and health issues including compliance, audits and citation defense. Peter Spanos is experienced in traditional labor law, including matters such as collective bargaining, union organizing, union elections, unfair labor practices, grievances, and strikes. He tries cases in federal and state courts, before the NLRB, the EEOC, the U.S. Department of Labor, OSHA, and state agencies, arbitrations, mediations, and appeals. He also has specialized knowledge of the intersection of antitrust law and labor law. Who should attend:EVERYONE, stay up to date with ever-changing information and events. This session is provided by: Obviously, we can not answer every question that we face on Coronavirus, but we are committed to sharing best practice
On February 15, 2021, the Pregnant Workers Fairness Act (H.R. 1065) was reintroduced in the U.S. House of Representatives. Charles Thompson and Lisa Burton discuss the protections in the proposed legislation. The speakers also address employers’ current obligations with regard to pregnant workers under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and state-specific statutes.
MNN InsightsThis MNN Insight webinar covers current events and critical information to help manufacturing leaders navigate to a successful future beyond the COVID 19 pandemic.Raanon Gal focuses his practice on defending employers in employment discrimination, Family and Medical Leave Act (FMLA), wage and hour, harassment and wrongful termination litigation. Mr. Gal also helps companies with risk management and instituting preventative measures to avoid liability.He has represented clients in a variety of industries and has provided representation under Employment Practice Liability Insurance arrangements. He also has experience in representing clients concerning cases involving non-compete agreements, misappropriation of trade secrets, employment/business torts and wage and hour litigation. His practice also encompasses all areas relating to the counseling, training and representation of management clients in federal and state courts, as well as before state and local agencies..Christina Moore has experience in representation and transactions involving real estate acquisitions and dispositions, including transactions involving complex credit facility transactions. Recently, Ms. Moore’s practice has evolved to include the Paycheck Protection Program (PPP) and its various nuances. She has become a speaker and media analyst for PPP and other COVID-19 business issues.This session is provided by:Watch the full video interview online at https://www.georgiamanufacturingalliance.com/news/mfg-news-networkConnect with Russ Dunlap and the Taylor English team athttps://www.georgiamanufacturingalliance.com/members/russell-dunlap Subscribe to this podcast at https://manufacturing-news-network.simplecast.com/ Join Georgia Manufacturing Alliance - https://www.georgiamanufacturingalliance.com/joingmatoday Obviously, we can not answer every question that we face on Coronavirus, but we are committed to sharing best practices.
Brett Sutton is joined by two members of his team, Sandra Lepson and Evelin Bailey, to discuss the upcoming changes to CFRA and what employers need to know about the new SB-1383 expansion. The team also dives into FMLA and how this will be adjusted/used in combination with these new CFRA changes. There’s a lot to cover in this week’s podcast, so let’s jump right in. Highlights: What is the current CFRA law? A covered employer has to have 50 or more employees under the CFRA and Family and Medical Leave Act (FMLA). Who is an eligible employee under CFRA vs. FMLA? What are some qualifying reasons an employee can take leave? How does military leave apply under the FMLA? A family member can leave for up to 26 workweeks to care for an injured military member. This is unpaid, but it is job-protected leave. Evelin shares what leave is available under California law vs. Federal law. What are the upcoming CFRA changes and whom will they impact? Brett weighs in on what he’s seen when it comes to layoffs during the pandemic. The definition of family member is changing. Employees can take on the care of the elderly grandparent for up to 12 workweeks and they’d still be eligible for personal leave for up to 24 workweeks. This is where things get complicated. Parental leave laws and how they’re changing in 2021. What happens if the CEO or an executive member needs to take leave? Any employer with five or more employees has to comply with the pregnancy disability leave law. Your employee handbook needs to be updated! Make sure you designate the leave in writing! What is the max potential for taking leave? Your employee could technically be out on leave for 56 workweeks. What questions should you ask your employee before they take their leave? Things to think about when it comes to the health insurance benefits. Regulations are still being ironed out, which means you have to check in with your employment counsel for the latest updates. Resources: Suttonhague.com Calnevalaw.com
Undergoing treatment for a major illness like cancer may require you to take time off from your job or request certain accommodations from your employer. Attorney Adam Paskoff, Esq., Paskoff & Tamber LLC, explains different laws and considerations to protect eligible employees, including the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA). Paskoff explains that certain state laws (varying by state) can offer other options including Paid Family Leave Protection.Fearless Fabulous You Radio Show is broadcast live at 12noon ET Wednesdays on W4WN Radio – The Women 4 Women Network (www.w4wn.com) part of Talk 4 Radio (www.talk4radio.com) on the Talk 4 Media Network (www.talk4media.com). This podcast is also available on Talk 4 Podcasting (www.talk4podcasting.com).
HR compliance is more complex than ever, particularly with leave and absence management. In this episode, Daris Freeman and Ellen McCann give an overview of paid leave laws, both pre-pandemic and those being signed into law amid the ongoing coronavirus pandemic. Key takeaways:Prior to the pandemic, many states and jurisdictions had existing employer-mandated paid leave laws. (01:25)States and local jurisdictions have stepped up to provide paid leave for workers due to COVID-related reasons . These fall into two key areas: 1) Protections for employees in organizations with more than 500 employees that are not subject to the federal FFCRA and 2) States, such as California, that have passed broader legislation that applies to all employers and employees. (04:30)States and jurisdictions are passing laws to provide paid leave to those impacted by COVID-19. This is an active space with nearly one new law appearing every week. (05:30)Colorado has passed three laws in one: 1) The federal FFCRA equivalent for 2020 for larger employers and 2) a broader paid leave provision that has two components: a) paid leave for employees or family members who have an illness and school closures, and b) up to two weeks of additional leave if there is public health emergency. (05:55)There is also an unpaid leave dimension to this, as several states have amended existing laws to provide job protected, unpaid leave. Employers need to understand any applicable unpaid leave obligations, as well as paid leave obligations, to be compliant with all employment laws and regulations. (07:55)Best practices: At Unum we have policies that address state-level paid leave laws where employees work. We have supplemented that with a COVID-19 specific policy that incorporates all the different jurisdictions and states that have specific COVID-19 requirements for leave. (09:57) Laws change almost weekly. One of your best resources are state and city webpages, as these are always up to date. Consult with your own legal counsel also to make sure you are capturing all the obligations and remain in compliance with all applicable laws. (11:13)Daris Freeman Assistant Vice President, Legal Counsel, Unum's Employment Law Group As Assistant Vice President, Legal Counsel for Unum, Daris's primary responsibility is to support Unum's Absence Management Center which administers FMLA, paid leave, ADA and over 200 complementary state laws. Daris partners with the operation and their clients to develop compliant solutions for their unique absence management challenges. Ellen McCannAssistant Vice President, Legal Counsel, Unum's Employment Law Group Ellen McCann is an acclaimed national speaker on leave management issues, including the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). She is also a certified trainer for the Society for Human Resources Management (SHRM) and continuing education (CE) credit. More resources:Ep. 16: Best practices in COVID-19 return-to-work planningMelissa K. Peters, Special Counsel at Littler Mendelson, shares key insights from Littler's COVID-19 Return-to-Work Survey of 1,000 U.S. employers with best practices and key strategies to help employers build and implement a return-to-work plan.Read nowWebinar: Leave management in a post-pandemic worldAs employers update or expand their leave benefits for the new future formed by the coronavirus pandemic, what key best practices should they keep in mind?Watch now
In this podcast, Kelly Cardin and Sarah Platt discuss the various strategies available to employers as their employees deal with return to school issues. The speakers address the applicability of the Families First Coronavirus Response Act (FFCRA) and the Family and Medical Leave Act (FMLA), the state and local laws that may provide paid leaves of absence, and other options that employers may want to consider implementing.
On this episode we discuss the current debate and legal climate on mandating mask usage in hotels with Myra Creighton, Partner at the Atlanta office of Fisher Phillips. She also shares advice on how to deal with the conflicting information out there to ensure you, your guests and employees are safe as hotels operate in this new environment. Myra shares great stories and illustrates how the current debate over businesses mandating mask usage is at their discretion. She also discusses ADA implications, hotels denying service and how to deal with the conflicting rules among various government jurisdictions. While we focus on US laws, the information we cover will surely spark thoughts and plans if you operate a hotel in another country. Some of the points on this episode include:: How hotels approach the (sometimes contradictory) regulations by different government bodies? (6:23) Can hotels perform health inquiries on guests? (11:32) Do employees have a valid claim if they get COVID at work? (18:10) Can guests sue you if they get sick at your hotel? (18:59) Are those “face mask exempt” cards real? (20:10) Advice to employees who get caught between enforcing company policy and guests who refuse to wear a mask? (24:33) Fisher Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 33 offices with more than 400 attorneys About Myra Myra Creighton is a partner in the Atlanta office of Fisher Phillips, one of the country's preeminent labor and employment law firms representing employers. She helps clients navigate their obligations to employees under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), ensuring their policies and procedures are consistent with both these laws and defending clients against employee claims alleging violations of the ADA and FMLA. Currently, Myra is a member of Fisher Phillips' COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic. To learn more, visit www.fisherphillips.com. You can get in touch with Myra through Fisher Phillips or email her at mcreighton@fisherphillips.com Fisher Phillips Links Fisher Phillips website LinkedIn Twitter
The US Department of Labor (DOL) has made changes to several of its Family and Medical Leave Act (FMLA) forms intended to make them simpler and easier to use for employers and employees alike. The DOL said these and other changes will "reduce the time users spend providing information, improve communications between leave applicants and administrators and reduce the likelihood of violations." In this week’s podcast HR expert Jenni Stone shares the key changes to the forms, as well as several notification obligations for both employers and employees under the FMLA. Thank you for listening to this episode. We will continue to keep you updated on the changing landscape of Human Resources and address any topic area you wish to learn more about regarding HR and HR Compliance. Please leave a comment below as we value your feedback or if you have an HR question ask and we just might make your question our next episode! Follow HR Shield Online Here: YouTube: https://youtube.com/TheHRShield Instagram: https://instagram.com/HRShield Facebook: https://facebook.com/HRShield Twitter: https://twitter.com/HR_Shield Podcast: https://hrrescue.libsyn.com Website: https://HR-Shield.com Store: https://HR-Rescue.com Enable our Alexa Skill!!! About HR Shield Do you own a small business? Are you considering starting a business? Does hiring an HR professional not fit your budget and current cash flow? Whether you are a newly certified HR professional, business owner, office manager, student or a general curious person HR Shield are certified HR specialists that provide quick, accurate and simple answers to common HR and business questions. Our mission at HR Shield is to impact those small and midsize companies that don’t yet understand the value or can’t yet afford to hire a full-time certified HR professional. Our goal is to educate the small business owner and help them understand the importance and impact an HR professional can have on their company and one day hire a full time certified professional. In addition to working with the small to mid-size business owner we provide a full white label HR portal and HR hotline for payroll companies, PEOs and staffing companies and support their small business owner clients.
On this episode of Business Matters, guest Mark Bonfanti, employment law attorney, discusses many new issues created by the COVID crisis and the new FMLA requirements included in the Families First Coronavirus Response Act signed on March 18, 2020.Check out this episode for how to deal with these items:Compliance with Wage & Hour requirements in remote work settingsModifications that should be made to the employee handbook to address different work settings, requirements, etc.Are there exceptions to the Families First Coronavirus Response Act for employers with less than 50 employees How to compensate employees with Coronavirus illnessHow to report employees that refuse re-hire offerDoes the new FMLA allow for sick pay to employees who are home bound because of school closure results in employee being at home for child-care The Families First Coronavirus Response Act bill can be located at this link https://www.congress.gov/bill/116th-congress/house-bill/6201/textCOVID-19 and the Family and Medical Leave Act Questions and Answers Please see Families First Coronavirus Response Act: Questions and Answers for questions specific to the application of the Families First Coronavirus Response Act and paid leave. If you or your employees are out with the flu or are caring for ill family members, check with the Department of Labor (DOL) for information on whether such leave is covered under the Family and Medical Leave Act (FMLA). Under the FMLA, covered employers must provide employees job-protected, unpaid leave for specified family and medical reasons, which may include the flu where complications arise. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms as existed before they took FMLA leave.——————«»——————Which employees are eligible to take FMLA leave?Employees are eligible to take FMLA leave if they work for a covered employer and:have worked for their employer for at least 12 months;have at least 1,250 hours of service over the previous 12 months; andwork at a location where at least 50 employees are employed by the employer within 75 miles.Special hours of service requirements apply to airline flight crew employees and to breaks in service to fulfill National Guard or Reserve military service obligations pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA). (See the U.S. Department of Labor Wage and Hour Division or call 1-866-487-9243 for additional information on FMLA.)Must an employer grant leave to an employee who is sick or who is caring for a family member that is sick?An employee who is sick or whose family members are sick may be entitled to leave under the FMLA under certain circumstances. The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons. This may include the flu where complications arise that create a “serious health condition” as defined by the FMLA. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.Workers who are ill with pandemic influenza or have a family member with influenza are urged to stay home to minimize the spread of the pandemic. Employers are encouraged to support these and other community mitigation strategies and should consider flexible leave policies for their employees.Can an employee stay home under FMLA leave to avoid getting pandemic influenza?The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with the flu where complications arise, or who are needed to care for covered family members who are incapacitated by a serious health condition. Leave taken by an employee for the purpose of avoiding exposure to the flu would not be protected under the FMLA. Employers should encourage employees who are ill with pandemic influenza or are exposed to ill family members to stay home and should consider flexible leave policies for their employees in these circumstances. What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school?Covered employers must abide by the FMLA as well as any applicable state FMLA laws. An employee who is sick, or whose family members are sick, may be entitled to leave under the FMLA. The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons which may include the flu where complications arise that create a “serious health condition” as defined by the FMLA.There is currently no federal law covering non-government employees who take off from work to care for healthy children, and employers are not required by federal law to provide leave to employees caring for dependents who have been dismissed from school or child care. However, given the potential for significant illness under some pandemic influenza scenarios, employers should review their leave policies to consider providing increased flexibility to their employees and their families. Remember that federal law mandates that any flexible leave policies must be administered in a manner that does not discriminate against employees because of race, color, sex, national origin, religion, age (40 and over), disability, or veteran status.Is an employer required by law to provide paid sick leave to employees who are out of work because they have pandemic influenza, have been exposed to a family member with influenza, or are caring for a family member with influenza?Federal law generally does not require employers to provide paid leave to employees who are absent from work because they are sick with pandemic flu, have been exposed to someone with the flu or are caring for someone with the flu, although pursuant to Executive Order 13706, some federal contractors may be required to provide such leave to employees under certain circumstances, such as if the employee or a family member is sick with the flu or seeking care related to the flu. Certain state or local laws may have different requirements, which should be independently considered by employers when determining their obligation to provide paid sick leave.If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. Employers should encourage employees that are ill with pandemic influenza to stay home and should consider flexible leave policies for their employees.May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid? May employers prevent employees from coming to work?It is important to prepare a plan of action specific to your workplace, given that a pandemic influenza outbreak could affect many employees. This plan or policy could permit you to send employees home, but the plan and the employment decisions must comply with the laws prohibiting discrimination in the workplace on the basis of race, sex, age (40 and over), color, religion, national origin, disability, or veteran status. It would also be prudent to notify employees (and if applicable, their bargaining unit representatives) about decisions made under this plan or policy at the earliest feasible time.Your company policies on sick leave, and any applicable employment contracts or collective bargaining agreements would determine whether you should provide paid leave to employees who are not at work. If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. (See the U.S. Department of Labor Wage and Hour Division for additional information or call 1-866-487-9243 if you have any questions.)Remember when making these decisions to exclude employees from the workplace, you cannot discriminate on the basis of race, sex, age (40 and over), color, religion, national origin, disability, union membership or veteran status. However, you may exclude an employee with a disability from the workplace if you:obtain objective evidence that the employee poses a direct threat (i.e. significant risk of substantial harm); anddetermine that there is no available reasonable accommodation (that would not pose an undue hardship) to eliminate the direct threat.(See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act for additional information.)May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?Yes. However, employers should consider that during a pandemic, healthcare resources may be overwhelmed and it may be difficult for employees to get appointments with doctors or other health care providers to verify they are well or no longer contagious.During a pandemic health crisis, under the Americans with Disabilities Act1 (ADA), an employer would be allowed to require a doctor’s note, a medical examination, or a time period during which the employee has been symptom free, before it allows the employee to return to work. Specifically, an employer may require the above actions of an employee where it has a reasonable belief – based on objective evidence – that the employee’s present medical condition wouldimpair his ability to perform essential job functions (i.e., fundamental job duties) with or without reasonable accommodation, or,pose a direct threat (i.e., significant risk of substantial harm that cannot be reduced or eliminated by reasonable accommodation) to safety in the workplace.In situations in which an employee’s leave is covered by the FMLA, the employer may have a uniformly-applied policy or practice that requires all similarly-situated employees to obtain and present certification from the employee’s health care provider that the employee is able to resume work. Employers are required to notify employees in advance if the employer will require a fitness-for-duty certification to return to work. If state or local law or the terms of a collective bargaining agreement govern an employee’s return to work, those provisions shall be applied. Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic. May employers change their paid sick leave policy if a number of employees are out and they cannot afford to pay them all?Federal equal employment opportunity laws do not prohibit employers from changing their paid sick leave policy if it is done in a manner that does not discriminate between employees because of race, sex, age (40 and over), color, religion, national origin, disability, or veteran status. Be sure also to consult state and local laws.In addition, you should consider that if your workforce is represented by a labor union and the collective bargaining agreement covers sick leave policies, you may be limited in either the manner in which you change the policy or the manner of the changes themselves because the collective bargaining agreement would be controlling. In a workplace without a collective bargaining agreement, employees may have a contractual right to any accrued sick leave, but not future leave.Your sick leave policy also has to follow the requirements of the FMLA (if your employees are covered by the Act), and it needs to be consistent with federal workplace anti-discrimination laws, such as the Americans with Disabilities Act (ADA). (See the U.S. Department of Labor, Wage and Hour Division or call 1-866-487-9243 for additional information on FMLA. See the U.S. Equal Employment Opportunity Commission or call 1-800-669-4000 if you have questions on ADA.)If an employer temporarily closes his or her place of business because of an influenza pandemic and chooses to lay off some but not all employees, are there any federal laws that would govern this decision?The federal laws prohibiting discrimination in the workplace on the basis of race, sex, age (40 and over), color, religion, national origin, or disability may apply. (See the U.S. Equal Employment Opportunity Commission (EEOC) or call 1-800-669-4000 if you have questions.) Other specific Federal laws that prohibit discrimination on these or additional bases may also govern if an employer is a Federal contractor or a recipient of Federal financial assistance.Additionally, the Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. For more information about the WARN Act see https://www.dol.gov/agencies/eta/layoffs/warn.You may also not discriminate against an employee because the employee has requested or used qualifying FMLA leave. (See the U.S. Department of Labor, Wage and Hour Division for additional information or call 1-866-487-9243 if you have questions.)In addition, you may not discriminate against an employee because he or she is a past or present member of the United States uniformed service. (See the U.S. Department of Labor, Veterans’ Employment and Training Service for additional information or call 1-866-889-5627 if you have questions.)Some employees may not be able to come to work because they have to take care of sick family members. May an employer lay them off?It depends. If an employee is covered and eligible under the FMLA and is needed to care for a spouse, daughter, son, or parent who has a serious health condition, then the employee is entitled to up to 12 weeks of job-protected, unpaid leave during any 12-month period. Some states may have similar family leave laws. In those situations, covered employers must comply with the federal or state provision that provides the greater benefit to their employees. (See the U.S. Department of Labor, Wage and Hour Division for additional information or call 1-866-487-9243 if you have questions.)In lieu of laying off employees in this situation, we would encourage you to consider other options such as telecommuting and to prepare a plan of action specific to your workplace.What types of policy options do employers have for preventing abuse of leave?Both the FMLA and the Americans with Disabilities Act affect the provision of leave.Under the FMLA, employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. In addition, employers may require employees to provide:medical certification supporting the need for leave due to a serious health condition affecting the employee or a spouse, son, daughter or parent, including periodic re-certification;second or third medical opinions (at the employer's expense);periodic reports during FMLA leave regarding the employee's status and intent to return to work; andconsistent with a uniformly-applied policy or practice for similarly-situated employees, a fitness for duty certification. (Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic.) (See also: “May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?”)The FMLA also allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. (See the U.S. Department of Labor Wage and Hour Division for additional information on the FMLA or call 1-866-487-9243 if you have questions.)Under the Americans with Disabilities Act, qualified individuals with disabilities may be entitled to unscheduled leave, unpaid leave, or modifications to the employer sick leave policies as “reasonable accommodations.” These are modifications or adjustments to jobs, work environments, or workplace polices that enable qualified employees with disabilities to perform the essential functions (i.e., fundamental duties) of their jobs and have equal opportunities to receive the benefits available to employees without disabilities. (See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act for additional information.)For further information about Coronavirus, please visit the HHS’s Centers for Disease Control and Prevention.
ACEC's SVP for Advocacy, Steve Hall, and Katharine Mottley, VP for Tax and Regulatory Affairs, joined Engineering Influence to discuss the new guidance for small businesses stemming from the enactment of the CARES Act. Resources discussed on the show:The new law establishes a Paycheck Protection Program to assist qualifying small businesses, nonprofits, and individuals through the Small Business Administration’s 7(a) loan program. $349 billion is authorized for 7(a) lending from Feb. 15 through June 30, and SBA would fully guarantee the loans. Loans would be available during the covered period for:Any business, nonprofit, veterans group, or tribal business with 500 or fewer employees, or a number set by the SBA for the relevant industry. ACEC is seeking clarification on this point – whether SBA will implement the loan program using the traditional size standard for engineering, or something broader.Sole proprietors, independent contractors, and eligible self-employed workers would be eligible.Eligible recipients could receive loans up to $10 million or 250% of their average monthly payroll costs, instead of $5 million, with interest rates capped during the covered period at 4%. Loans can be used to cover eligible payroll costs -- salaries, commissions, regular paid leave, and health-care benefits -- as well as mortgage interest and utility payments. Firms would be required to make a “good faith certification” that funds will be used to retain workers, maintain payroll, and pay for rent and similar expenses. Funds cannot be used to compensate individual employees at an annual rate above $100,000, or to pay for emergency sick or family leave under the second coronavirus response package.The ACEC Coronavirus Resource Center: https://www.acec.org/conferences/coronavirus/The Department of the Treasury provided initial information on the Paycheck Protection Program loans for small firms that are part of the CARES Act.IRS Notice 2020-22 provides relief for employers from penalties for failure to deposit employment taxes in connection with the payroll tax provisions in the FFCRA and the CARES Act.DOL issued a temporary rule to implement the emergency paid leave provisions in the FFCRA.Fact sheet on COVID-19 and the Fair Labor Standards Act (FLSA).Fact sheet on COVID-19 and the Family and Medical Leave Act (FMLA).Required poster on emergency paid leave under the Families First Coronavirus Response Act (FFCRA:)Employee rights poster.Q&A on the poster.
Fact is often stranger than fiction. The last episode covered the logistics of the Family and Medical Leave Act – who, what, when, and how long – while this episode will discuss real cases in which employers faced some challenging (and sometimes funny) situations. This podcast is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice or to establish an attorney-client relationship. This podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
Despite delays, closures, and quarantines due to the Coronavirus (COVID-19), you still need to file your taxes. So, Toby Mathis and Jeff Webb of Anderson Advisors spent St. Patrick’s Day answering tax questions to help you through this difficult time. Do you have a tax question? Submit it to taxtuesday@andersonadvisors. Highlights/Topics: What are the updates on the tax impact of COVID-19? April 15: Deadline to file your taxes still applies, but individuals that owe less than $1 million and businesses that owe less than $10 million can file a 90-day grace period extension to pay their taxes without being charged penalties and interest Families First Act: Passed by House of Representatives, but still under review by Senate because major mistakes need to be corrected to address Family and Medical Leave Act (FMLA) and other payments If I get married while owning a property in an LLC, will my spouse also be protected under the same LLC? LLC is not necessarily protecting you and your spouse, but the property in the LLC and whatever happens to it If I purchase a business from someone, how does the entity transfer over? Two types of business purchases: Stock purchases or asset acquisitions My business started in 2019, and we don’t have money for a CPA. Can I submit a 1065 partnership form for my small business myself? Yes, you can, but it’s not recommended because failing to file a 1065 on time has a $205 penalty per month/per partner For all questions/answers discussed, sign up to be a Platinum member to view the replay! Go to iTunes to leave a review of the Tax Tuesday podcast. Resources: Anderson’s Guide to Creating Your Private Vault by Greg Boots (Coupon Code: PV2020 for $20 off) Tax-Wise Business Ownership by Toby Mathis Coronavirus Tax Relief Families First Act Family and Medical Leave Act (FMLA) SECURE Act Individual Retirement Arrangements (IRAs) Traditional and Roth IRAs 501(c)(3) Form 1065 Form 1099 Form 8832 Form 1120 Real Estate Professional Requirements Self-Employment Tax Wills and Trusts Freddie Mac Fannie Mae Capital Gains Exclusion/Section 121 Section 338(h)(10) Election Schedule C Cost of Goods Sold (COGS) How to Buy a Business Business Structures UBIT UDFI Section 179 Tax Depreciation Depreciation Recapture Bonus Depreciation 1031 Exchange Opportunity Zones Cost Segregation Tax Breaks! Form 1040 Form 1040-NR Rollovers as Business Startups (ROBS) Form 2553 Employer Identification Number (EIN) Affordable Care Act CoreVest Toby Mathis Anderson Advisors Anderson Advisors Events Anderson Advisors Tax and Asset Protection Event Tax-Wise Workshop Anderson Advisors on YouTube Anderson Advisors on Facebook Anderson Advisors Podcast
Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to ensure that FMLA leave is being used appropriately? Disclaimer: This podcast is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice or to establish an attorney-client relationship. This podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
Stacy-Ann Whitton, early intervention coordinator, shares financial resources for families of children with high medical needs — and costs. Here are links to resources covered in this episode. Social Security Income (SSI) - https://www.ssa.gov/benefits/ssi/ Medicaid - https://www.medicaid.gov/ Community Alternatives Program for Children - NC Medicaid - https://medicaid.ncdhhs.gov/medicaid/get-started/find-programs-and-services/community-alternatives-program-for-children Novant Health Hemby Children's Hospital Neonatal Intensive Care (NICU) resources - https://www.novanthealth.org/hemby-childrens-hospital/nicu/parent-guide/support-resources.aspx Bee Mighty program - https://beemighty.org/ Madelyn's Fund - http://madelynsfund.org/ First in Families of North Carolina - http://fifnc.org/ NC Innovations Waiver - NC Medicaid - https://medicaid.ncdhhs.gov/nc-innovations-waiver Novant Health financial resources - https://www.novanthealth.org/Home/Patients--visitors/Your-healthcare-costs/Financial-assistance-for-the-uninsured.aspx Family and Medical Leave Act (FMLA) - https://www.dol.gov/agencies/whd/fmla
With limited resources and time, it can be challenging for employers to initiate annual Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) training programs for their managers and supervisors. However, the Department of Labor routinely reports that supervisor training is a top area of non-compliance for employers. If organizations don’t properly train their front-line employees, costly litigation could result. As several recent court cases demonstrate, there is a compelling business case for prioritizing annual training to ensure supervisors and managers are equipped to navigate a potential FMLA or ADA request from an employee. Today we’ll explore best practices and resources that support employers in integrating supervisor training into their compliance and training programs. Founded in 1992, the Disability Management Employer Coalition (DMEC) is the only association dedicated to providing focused education for HR professionals who manage absence and disability in their organizations. Through in-person and online events, certification and training programs, and tools and resources, DMEC delivers effective strategies and best practices to maintain regulatory compliance, improve workforce productivity, and enhance employee engagement and health. DMEC supports over 14,000 members across the United States and Canada, and offers the knowledge and networking they need to effectively manage their integrated benefit programs and expanding workforce challenges. To address these challenges DMEC provides a training program called FMLA/ADA Training for Supervisors and Managers that includes a 25-minute video, a 10-question quiz to test knowledge, a certificate of completion and ADA and FMLA roadmaps, and the ability to track who has successfully completed the training. Find out more information about DMEC at www.dmec.org. We are pleased to have the CEO of DMEC, Terry Rhoades with us today. Terri has extensive knowledge and expertise in all aspects of absence and disability program management and prior to DMEC dedicated her career to designing, developing, and managing various organization’s absence programs. Terri has been leading DMEC strategically since 2012 and became the Chief Executive Officer in 2015. Terri holds an MBA (Business Management) from Columbus University, a Certified Professional in Disability Management (CPDM), and a Certified Case Management Professional (CCMP) from the Insurance Educational Association, Certified Leave Management Specialist.
From Family and Medical Leave Act (FMLA) fraud and abuse to intermittent leave, the number of challenging leave situations that employers potentially face may seem infinite. In this podcast, Sarah Platt and Suzanne Watson provide employers with practical tips and tools for managing vexing leave issues and curbing misuse of leave.
The guys are getting comfortable in the new studio! This week, the Podfather Mike Miles & Jersey Ed (Ed Chionchio Sr) want to discuss the in’s and out’s of FMLA. What is it? Who can use it? How does it all work? The Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid job protection for certain types of employees. FMLA covers time off for the birth of a child, the illness or death of a family member, and the illness of an employee. Taking time off to receive treatment for mental health or substance use is covered by FMLA. Your employer wants you to be healthy! It costs much more to hire and train a new employee than it does to invest in the health and wellness of your experienced staff members. The alternative to taking the time to get treatment NOW is losing that job and employer-sponsored health plan. Short-Term Disability benefits can help to cover your salary while you are in treatment. Genesis House is one program that does a great job guiding clients through this process. They handle the paperwork and communicate with Human Resources as needed and requested by the client. The Podfather shares some details about how his friends, colleagues, and loved ones came together to support his treatment and early recovery. FMLA, Short-term Disability, and Employee Assistance Programs are incredibly valuable resources, but many employees just aren’t sure how to get started. If you are struggling and need help, go to the professionals. Give Jersey Ed or the Podfather a call to ask questions. Jersey Ed’s Podcast Pick of the Week: The Recovery Elevator Podcast hosted by Paul Church. https://www.recoveryelevator.com/podcasts/--The Friends in Recovery Podcast is brought to you by Genesis House Recovery (800-737-0933) and produced by Sweets' Podcast Studio in Beverly, Massachusetts. Inquiries and interested speakers can reach us at help@friendsinrecoverypodcast.com.Reach out to Mike Miles, MSW at Therapy Services in Chelmsford, Massachusetts at 978-459-4884. There are many ways to help someone that is suffering from addiction. There are professionals here to help you from staging an intervention to getting counseling as a family member and anything in between. If you or a loved one needs help, reach out to our panel at help@friendsinrecoverypodcast.com. National Suicide Prevention Hotline: 1-800-273-8255
How does pregnancy impact careers… for both parents? Is there such a thing as a “pregnancy penalty”? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jennifer Shinall, a Professor of Law at Vanderbilt, to discuss inequity in family leave policies, the gender pay gap, pregnancy discrimination and gender stereotypes that remain in the workplace. A graduate of Vanderbilt Law and Harvard University, Jennifer has a J.D. and a Ph.D. in Law and Economics. Jennifer focuses on employment law, employment discrimination, health economics, labor economics and more. Her research examines discrimination, particularly in the areas of gender and disability. Exploring how health status (such as obesity and pregnancy) affects labor market outcomes, Jennifer considers how these effects may differ by gender and how these disparities may be addressed by the legal system. Today Aaron and Jennifer address these topics, specifically through the lens of parental leave policies. How are men and women treated differently after they have a child? Is there really a “mommy track” and a “daddy track?” Jennifer explains that gender stereotypes do persist, and not just in the legal field. She explains that despite federal protections, like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA,) pregnancy discrimination still happens. Aaron and Jennifer talk about the different expectations there seems to be around parental leave, discussing two recent lawsuits filed against the giant law firm, Jones Day. Both lawsuits revolve around the notion of family leave and the firm’s alleged inequity in applying its policies. To learn more about Jennifer, please visit her bio page here. You can also find her on Twitter, @ShinallJennifer. You can find a full copy of Jennifer’s article, “The Pregnancy Penalty,” here. Published in the Minnesota Law Review. To find an abbreviated version of the article on Jennifer’s blog, click here. Host: Aaron Freiwald Guest: Jennifer Shinall Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com
Question: Is the common flu considered a serious health condition under the Family and Medical Leave Act (FMLA)? Answer: Most cases of the common flu do not meet the definition of “serious health condition” and would not be eligible for Family and Medical Leave Act (FMLA) leave. Some cases of the flu, however, are severe or result in complications, and these have the potential to meet the FMLA definition of “serious health condition.” This is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Continuing treatment means: The employee has been incapacitated for a period of more than three full days; and Consults with a doctor two or more times within 30 days, or Has one consult with a doctor and a regimen of continuing treatment. If an employee is out sick with the flu for more than three days, consider whether the need for FMLA leave may exist. This doesn’t mean that you need to go through the whole FMLA process to determine eligibility for each flu absence; just that you shouldn’t automatically reject FMLA requests for the flu either. Review each case based on the facts, keep the “serious health condition” definition in mind, and if the illness is severe, ask the employee to submit certification from a health care provider to support their need for leave protection under the FMLA.
While the Family and Medical Leave Act (FMLA) is celebrating its 25th anniversary this year, serious federal action regarding paid leave remains elusive. However, a growing number of states and municipalities are going beyond the FMLA to take matters into their own hands. On this podcast, Littler Mendelson employment attorney Casey Kurtz, who co-chairs the firm's Leaves of Absence and Disability Accommodation Practice Group, examines the growing trend of paid leave laws along with the key questions he receives regarding employee leave generally.
How should intermittent FMLA leave be calculated when an employee moves from full- to part-time status? Issue: Six months ago, one of your full-time employees (working 40 hours per week) was granted intermittent leave under the Family and Medical Leave Act (FMLA). He has taken three weeks (or 120 hours) of leave. Last month, he transferred to a part-time position, working 20 hours per week, and he continues to need FMLA leave. How should you calculate the intermittent leave? Should it be based on his former full-time hours or his current part-time hours? Answer: Under the FMLA regulations, if an employer has made a permanent or long-term change in the employee’s schedule (for reasons other than the FMLA and prior to the notice of need of FMLA leave), the hours worked under the new schedule are to be used for making this calculation. In this situation, the employee has nine weeks of FMLA leave remaining in his FMLA year. Going forward, you should use his part-time schedule to calculate any intermittent FMLA leave. Thus, he would have 180 hours of FMLA leave remaining for the year. Keep in mind that the U.S. Department of Labor requires FMLA leave to be calculated in workweeks. For instance, if an employee is scheduled for 20 hours per week and takes intermittent leave for a total of 10 hours that week, he has used one-half of a workweek for FMLA purposes. Generally speaking, employers should look at the hours scheduled for the employee for that particular week and determine the FMLA usage accordingly. Source: 29 CFR §825.205(b)(2). FMLA leave generally not available following pet’s death Q Earlier this year, one of our employees wanted to take Family and Medical Leave Act (FMLA) leave because he was suffering from insomnia and emotional distress after the passing of his beloved pet. Is this allowed under the FMLA rules? A Insomnia caused by emotional distress over the passing of a pet is not considered a serious health condition under the FMLA, at least according to the U.S. District Court of Eastern Wisconsin in a decision handed down in late 2017. In the case, the employee requested a vacation day for his next scheduled shift because he was upset about having to put his dog of 13 years to sleep. The employer approved this request for leave. The next day, the employee called his supervisor again and allegedly explained that he had not slept since the loss of his dog and would not be able to work the next day. This day off was documented as an unexcused absence. Even though the employee did seek treatment for his condition and was diagnosed with “situational insomnia,” the absence remained unexcused. Over the next several months, the employee accumulated several other unexcused absences that resulted in his termination. He filed suit against his employer, alleging interference of his FMLA rights. In granting summary judgment in favor of the employer, the district court rejected the employee’s claim that his employer interfered with his rights under the FMLA. The court held that while inability to sleep caused by the passing of a pet could arguably constitute a “serious health condition,” the employee in this case failed to show that his condition qualified under the FMLA. SOURCE: Buck v. Mercury Marine Corp., (E.D. Wis.), No. 16-cv-1013-pp, December 22, 2017. Garnishment of Lump-Sum Payments Q We have garnishment orders on file for a few employees, do we have to garnish their wages in the case of bonuses, or other lump sum payments? Or just their regular pay? Garnishment of lump-sum payments. The third letter (https://www.dol.gov/whd/opinion/CCPA/2018/2018_04_12_1NA_CPPA.pdf) on a recent DOL release addresses the question of whether certain lump-sum payments from employers to employees are considered earnings for the purpose of garnishment under Title III of the Consumer Credit Protection Act (CCPA). The opinion letter states that in assessing whether certain...
Question: Can we require that employees exhaust their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required, employees may choose to use their paid time off, vacation, or sick pay benefits to maintain income for part of their leave. Whether using paid leave or not, leave taken for an FMLA-qualified reason is job-protected. If an employee is receiving any wage replacement benefits (such as benefits paid under a disability plan or workers’ compensation) during an FMLA leave, the employee generally may not use, and the employer may not require the employee to use, any accrued or accumulated paid benefit time. There are exceptions in some states, where employees may be allowed to combine workers’ compensation or disability plan benefits with paid time off benefits to further supplement income while on leave. Exhaustion of paid leave is usually allowed where employers extend leave as an accommodation under the Americans with Disabilities Act (ADA) or comparable state laws. As paid sick leave laws continue to be mandated in states and localities, be sure to check your state and local laws before drafting policies that require employees to use their paid leave. In all cases, your policies regarding use of paid time during medical leaves of absence should be clear and understandable. A best practice is to have all policies regarding leave in your employee handbook and available to all employees. Question: What events must employers report to the Occupational Safety and Health Administration (OSHA)? Answer: All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye as follows: Employers must report work-related fatalities within eight hours of finding out about the fatality. For any inpatient hospitalization, amputation, or eye loss, employers must report the incident within 24 hours of learning about the incident. Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an inpatient hospitalization, amputation, or loss of an eye, incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident. Importantly, starting in 2017, many employers are required to electronically submit their summary of injuries and illnesses to OSHA. Read more on the following websites about required electronic reporting: Information about electronic submission of injury and illness records (https://www.osha.gov/recordkeeping/finalrule/index.html) . Injury Tracking Application (https://www.osha.gov/injuryreporting/index.html) . OSHA serious event online reporting website (https://www.osha.gov/pls/ser/serform.html) . However, employers do not have to report an event if it: Resulted from a motor vehicle accident on a public street or highway (except in a construction work zone). Occurred on a commercial or public transportation system such as an airplane or bus. Involved hospitalization for diagnostic testing or observation only. Reporting requirements may be more stringent in states with OSHA-approved state plans, so check your state’s reporting rules in addition to the federal OSHA regulations to avoid state citations and penalties. Question: What benefits are subject to ERISA? Answer: Whether a benefit offered by an employer is subject to the Employee Retirement Income Security Act of 1974 (ERISA) will depend upon whether the benefit is an “employee welfare benefit plan” pursuant to § 3(1) of ERISA. Employee welfare benefit plans include, but are not limited to, any plan, fund, or program established or maintained by an employer, employee organization, or both, that
Marie Henning has spent her career as a Human Resources professional. In this episode, Marie takes us behind the doors of the office where crucial conversations occur, prayers are offered, and people in distress are uncommonly cared for. Marie offers encouragement to those who face job stress and educates on the benefits offered by employers to support mental health. Some of the questions include: How do you support employees who are experiencing symptoms of mental illness? Has disclosure of mental health diagnoses increased since the beginning of your career? How have you seen stigma impact an employee's career? What opportunities have you had to share faith and prayer? What does healing mean to you? Family and Medical Leave Act (FMLA) info: https://www.dol.gov/whd/regs/compliance/whdfs28.htm Americans with Disabilities Act (ADA) info: https://adata.org/learn-about-ada
Marie Henning has spent her career as a Human Resources professional. In this episode, Marie takes us behind the doors of the office where crucial conversations occur, prayers are offered, and people in distress are uncommonly cared for. Marie offers encouragement to those who face job stress and educates on the benefits offered by employers to support mental health. Some of the questions include: How do you support employees who are experiencing symptoms of mental illness? Has disclosure of mental health diagnoses increased since the beginning of your career? How have you seen stigma impact an employee's career? What opportunities have you had to share faith and prayer? What does healing mean to you? Family and Medical Leave Act (FMLA) info: https://www.dol.gov/whd/regs/compliance/whdfs28.htm Americans with Disabilities Act (ADA) info: https://adata.org/learn-about-ada
Question: Our company is considering adopting a paid family leave program for employees. I think I read something indicating paid family leave was addressed in the tax bill that passed late last year. Is that true? Answer: First of all, kudos to you. Paid family and medical leave policies are a great benefit for employers to adopt to stay competitive in the current market and have become a necessity in the several states that have adopted paid family leave laws or regulations. To answer your question, you are correct. The federal Tax Cuts and Jobs Act enacted in late 2017 creates § 45S of the IRS Code to provide certain employers a tax credit for offering paid family and medical leave to employees. To be eligible for the credit, the employer’s paid family and medical leave policy must: Be voluntarily implemented by the employer (i.e., the employer cannot be in a state or locality that requires employers to provide paid family and medical leave). Additionally, leave paid by a state or local government does not count. Be adopted in writing. Provide pay for at least two weeks of a full-time employee’s family and medical leave. Part-time employees must also be offered a commensurate amount of paid leave on a pro rata basis, taking into account the number of hours a part-time employee is expected to work each week compared to an equivalent full-time employee. The credit maxes out at 12 weeks of paid family and medical leave. Provide that employees will be paid at least 50 percent of their normal pay while on leave. The amount of the credit an eligible employer receives depends on the level of pay provided to employees. Employers who choose to pay employees at the 50 percent threshold will receive a 12.5 percent tax credit; the credit increases by 0.25 percent (capping at 25 percent overall) for each percentage point above 50 percent of normal pay the employer pays employees on leave. For example, if an eligible employer chooses to pay employees on paid family and medical leave 60 percent of their normal pay, then an eligible employer’s tax credit would be 15 percent. The tax law defines qualifying employees as those who meet the definition of employee under the Fair Labor Standards Act of 1938 (29 USC § 203(e)), who have worked for the employer for at least one year and, for the preceding year, had compensation of 60 percent or less of the compensation threshold for highly compensated employees. Paid family and medical leave is leave that is protected under the Family and Medical Leave Act (FMLA). If the employee’s leave is paid vacation leave, personal leave, or other medical or sick leave, then that is not eligible family and medical leave for purposes of the tax credit. Employers that are not subject to the FMLA may also receive tax credits for paid family and medical leave if they otherwise provide employees the same protections under the FMLA and meet the other requirements discussed above, such as having a written policy. The policy must ensure that the employer will not interfere with, restrain, or deny an employee the ability to take leave pursuant to the policy or retaliate against any employee for exercising their rights under the policy. This tax credit is not currently a long-term benefit for employers. Instead, it is in effect for two years and sunsets on December 31, 2019 unless re-enacted by Congress. If you choose to voluntarily implement a paid family and medical leave policy, we recommend you consult with counsel to ensure your written policy meets all technical requirements of the new tax law.
The Family Medical Leave Act is a federal law that applies to all employers with 50 or more employees in a 75 miles radius. Tune in to learn the qualification criteria for employees to take this leave, how premium payments should be handled, and what to do if the employee can't or doesn't return at the end of leave.
In this episode, I will be discussing FMLA and CFRA. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for overlapping as well as separate leaves. FMLA/CFRA leaves, their interaction with other types of leaves of absences and their administration can be confusing and time-consuming.?? Visit us at www.hrallencs.com Like and follow us on Twiter and Facebook. Check us out on iTunes.
In this episode, I will be discussing FMLA and CFRA. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for overlapping as well as separate leaves. FMLA/CFRA leaves, their interaction with other types of leaves of absences and their administration can be confusing and time-consuming.?? Visit us at www.hrallencs.com Like and follow us on Twiter and Facebook. Check us out on iTunes.
In this episode, I will be discussing FMLA and CFRA. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for overlapping as well as separate leaves. FMLA/CFRA leaves, their interaction with other types of leaves of absences and their administration can be confusing and time-consuming.?? Visit us at www.hrallencs.com Like and follow us on Twiter and Facebook. Check us out on iTunes.
In this episode, I will be discussing FMLA and CFRA. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide for overlapping as well as separate leaves. FMLA/CFRA leaves, their interaction with other types of leaves of absences and their administration can be confusing and time-consuming.?? Visit us at www.hrallencs.com Like and follow us on Twiter and Facebook. Check us out on iTunes.
When you need to leave work to care for a new child, a sick family member, or for yourself, certain employees are covered under the Family and Medical Leave Act (FMLA). Find out if you're eligible and what rights you have for taking leave in the workplace.
As the end of the year approaches, it's time to talk about something crucial: taking time off. In this episode of Brown Girl Self-Care, Bre is breaking down why Black women need to prioritize their health by using their personal time off (PTO), Family and Medical Leave Act (FMLA), and short-term disability. Many of us let our PTO go unused or feel guilty about asking for time away from work—but not taking time for yourself has real consequences. In 2024 we are going to lay claim toL the time we are leaving on the table.Our Sponsors:* Check out NPR: npr.org* Check out The Wonderful Company: https://www.wonderfulpistachios.com/* Check out Thrive Causemetics: https://thrivecausemetics.com/SELFCAREAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy
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