FMLA is one of the thorniest issues that our HR directors deal with – there are many sticky issues. Because of this, once or twice a year, we gather new resources, articles and tools that have caught our eye. Our last Family Medical Leave Act post was in August – here are some resources we’ve identified since then.

First, every year Family Medical Leave Act guru and employment law attorney Jeff Nowak posts an important resource for HR professionals and employment attorneys on his blog. The American Bar Association’s annual report of every FMLA decision from 2017

Next up, we found an excellent Family Medical Leave Act: Primer for HR by Rita Zeidner, SHRM.

Even after 25 years, the rules—particularly those allowing time off to be taken sporadically or with little or no advance notice—remain cumbersome and confusing. Managers often struggle to cover for people who take extended leave. And the risk of being sued by an employee claiming to have been unfairly denied leave or punished for taking it keeps many HR professionals on edge.
But as tricky as the compliance issues can get, it’s important not to lose sight of why the law exists. The human toll of a health challenge can be enormous. That’s why it’s vital for HR to be discreet and supportive of employees who need leave.
To help you get a handle on the most vexing issues, here is a primer for complying with the FMLA.

In our third item, we note that in June of 2017, DOL Withdrew Joint Employer and Independent Contractor Guidance: Labor Secretary Alexander Acosta announced the withdrawal of two Wage and Hour Administrator’s Interpretations (AI) on joint employment and independent contractors. One involved an AI issued in January 2016, established new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Next up: note that in there may be a tax credit under the recent tax law changes. See: Employer FMLA Tax Credit
New Tax Law Impact on Employee Benefits and Compensation
Federal Tax Reform Adds Tax Credit for Paid Family Medical Leave

Finally, note that FMLA turns 25 this year, and employers must be vigilant as ever

Articles on case law, best practices and more


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