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What if I Offered You a Free Webinar That Provided the Roadmap to Create Your Own FMLA & ADA Manager Training? Would you Attend?

When: Wednesday, December 12 (12:00 – 1:15 p.m. central time)

What Do You Mean I Can’t Require that an Employee Use PTO During FMLA Leave?

Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how employers handle the use of paid leave during FMLA. While the policies require employees to use earned vacation, sick or PTO time concurrently with FMLA leave, some overlook a nuance in the FMLA regulations that prohibits employers from requiring employees to use paid leave during FMLA.

Want to Crack Down on FMLA Abuse? Try the Chicago Way

Not sure where you stand on this, but I’m always game for a good employer smack down on FMLA abuse.

New FMLA Forms Available from Department of Labor

Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms; however, employers should begin using the updated forms immediately. While employers are not required to use the DOL forms, their use is recommended and can assist with the request and award of Family and Medical Leave (FML), specifically:

What Am I Doing Wrong?? Common FMLA Mistakes (October 22, 2018)

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.

FMLA FAQ: Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?

Q: We have an employee who recently had a child placed with her for foster care. (It is her niece.) She wants to take eight weeks of FMLA leave to bond with the foster child, but wants to know if she can take an additional eight weeks of FMLA leave when she adopts the child. She anticipates that the adoption likely will occur sometime next year.

PODCAST: FMLA FAQs: Answers to Employers’ Common Questions

The Family and Medical Leave Act (FMLA) continues to present challenging questions for employers. In this episode, Keith Kopplin and Sarah Platt of our Milwaukee office walk through some of employers’ most frequently asked questions on the FMLA, from when employers can ask for a medical certification to how to handle suspected FMLA fraud.

FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits

When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach. In evaluating FMLA leave entitlements, verifying continuing medical treatment can be well worth the trouble.

IRS Updates Guidance on Paid Family Leave Tax Credit

On September 24, 2018, the IRS issued updated guidance in Notice 2018-71 (the Notice) on Internal Revenue Code section 45S, the business tax credit for employers that provide paid family and medical leave (the Credit). Under the Credit—which is in effect for calendar years 2018 and 2019 only—an employer that provides paid family and medical leave may claim a credit based on an employee’s qualifying wages.

Employers, Why Don't You Require That Employees Call Two Phone Numbers to Request FMLA Leave?

I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but empowering them to play a key role in reducing FMLA abuse.