labor lawAdivision of labor law center

One new 2009 FMLA regulation clarifies the issue of overtime under FMLA. Under the new regulation, when overtime is mandatory, an employee can use their FMLA leave to work only 40 hours per week, provided the FMLA has been approved and all the required paperwork is in place.

However, when overtime is voluntary, if the employee declines, the time does not count as FMLA leave under the 2009 U.S. Department of Labor regulations.

Suppose Susan works in a retail clothing store. She is pregnant, and has been approved for intermittent FMLA leave. During most of the year, overtime is voluntary in the store. In October, Susan’s boss requests that she work 7 hours of overtime during the week. Susan declines. Since the overtime is voluntary, the 7 hours are  not counted towards Susan’s total 12 weeks of FMLA leave.

However, in November and December, overtime is mandatory at the store where Susan works, due to the busy holiday shopping season. All employees are expected to (more…)

A significant change to the FMLA regulations affects how employers must track FMLA leave. This is the fourth in a continuing series of articles on the new FMLA regulations issued by the U.S. Department of Labor, which go into effect  on January 16, 2009.

Under the old regulations, an employer had to track FMLA leave using the shortest period of time that their payroll system could track. If the payroll system rounded to the quarter-hour, the employer was required to permit the employee to use 45 minutes of FMLA leave, or 2.25 hours of FMLA leave, on a particular day.

The new FMLA regulations in their entirety can be found in the 201 pages of the November Federal Register.

Under the 2009 regulations, employers may track FMLA leave using the shortest increment that the employer uses to track other forms of leave, such as (more…)

The U.S. Department of Labor recently issued final rules under the Newborns’ and Mothers’ Health Protection Act of 1996. These new regulations take effect on December 19, 2008, according to a recent news bulletin by the SHRM, the Society of Human Resource Management.  The regulations apply to health insurance plans issued on or after January 1, 2009.

The rules were issued in conjunction with the U.S. Department of Health and Human Services and the Treasury Department. The rules apply to group health plans and health insurers, including businesses that are self-ensured.

The new U.S. Department of Labor rule extends the length of time mothers and newborn babies may stay in the hospital, following childbirth.

Under the “general rule”, employers or their healthcare plans cannot limit benefits for a hospital stay after a normal delivery to 48 hours. However, the employer or healthcare plan cannot restrict the hospital stay to a shorter period. In addition, employers can (more…)

A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM.

Under the new FMLA or Family and Medical Leave Act regulations, employees are entitled to use any paid leave, including sick leave, vacation and personal leave while on FMLA. However, in order to use the leave, the employee must follow the employers usual policy for requesting the paid time off – even if those requirements are more stringent than the FMLA notice requirements.

A major change under the new regulations establishes that employers can deny bonuses, awards or other payments to workers who have not met a specific goal due to FMLA leave.

The new regulations also address a few specialized situations encounted by the U.S. Department of Labor. For example, they permit employers to (more…)

According to the EEOC, Pregnancy discrimination complaints are on the rise. Between 1992 and this year, complaints increased by 65%. Part of that increase is due to the increase in the number of women with infants who work…but not all of it.

Employers can ensure that their companies don’t become the target of pregnancy discrimination claims by properly training supervisors, having strong HR policies, and using an FMLA Administrator Kit.

Many issues regarding pregnancy discrimination can be addressed by properly administering FMLA. Under the federal Family and Medical Leave Act or FMLA, employees are entitled to up to 12 weeks of unpaid leave for a variety of serious health conditions, including pregnancy.

In addition, the Pregnancy Discrimination Act requires that employers not discriminate against pregnant employees. The employer cannot (more…)