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David S. MohlBlog Posts

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New DOL Opinion Letter – No Delaying Designating FMLA Leave, Even When A Collective Bargaining Agreement Provides Otherwise

On September 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the designation be delayed. The CBAs in question provided employees with job protected paid...… Continue Reading The post New DOL Opinion Letter – No Delaying Designating FMLA Leave, Even When A Collective Bargaining Agreement Provides Otherwise appeared first on Disability, Leave & Health Management Blog.
September 12, 2019

What’s New in 2019? A Look at the Ever-Changing Leave and Accommodation Law Landscape

2019 has brought a flurry of new leave and accommodation laws.  In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed. The states (and US territory) that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws go into effect...… Continue Reading The post What’s New in 2019? A Look at the Ever-Changing Leave and Accommodation Law Landscape appeared first on Disability, Leave & Health Management Blog.
September 5, 2019

Bonuses, Pay Increases and FMLA Reinstatement

An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position. A common area of confusion is how handle pay increases or other bonuses when an employee returns from FMLA leave. An employee returning from FMLA leave is entitled...… Continue Reading The post Bonuses, Pay Increases and FMLA Reinstatement appeared first on Disability, Leave & Health Management Blog.
June 11, 2019

The ADA, Occupational Injuries and Light Duty

It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions.  To account for these situations, some employers have designated light duty positions reserved for employees who are released to return to work on light duty after an occupational injury....… Continue Reading The post The ADA, Occupational Injuries and Light Duty appeared first on Disability, Leave & Health Management Blog.
April 30, 2019

The FMLA, ADA and Overseas Employees

In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas.  Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related. For example, what happens if an overseas employee has a medical condition that causes them to miss work? The...… Continue Reading The post The FMLA, ADA and Overseas Employees appeared first on Disability, Leave & Health Management Blog.
March 20, 2019

How the Government Shutdown Impacts Employee Leave Requests

As of midnight December 21, 2018, 380,000 federal employees were placed on furlough.  An additional 420,000 are considered “excepted” and have continued working without pay.  Federal employers and employees should be aware of how the government shutdown impacts both paid time off requests as well as approved FMLA leaves. According to the Office of Personnel...… Continue Reading The post How the Government Shutdown Impacts Employee Leave Requests appeared first on Disability, Leave & Health Management Blog.
January 23, 2019

‘Tis the Season: FMLA and Holidays

As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays. Determining whether company holidays count towards an employee’s FMLA entitlement depends on whether the employee takes leave for an entire week or...… Continue Reading The post ‘Tis the Season: FMLA and Holidays appeared first on Disability, Leave & Health Management Blog.
November 27, 2018

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...… Continue Reading The post What Do You Mean I Can’t Require that an Employee Use PTO During FMLA Leave? appeared first on Disability, Leave & Health Management Blog.
November 7, 2018

Department of Labor Issues Updated FMLA Forms

On September 4, 2018, the Department of Labor issued new FMLA notices and certification forms. But don’t panic, the change was procedural in nature; no substantive changes were made to the forms. Under the Paperwork Reduction Act of 1995, the DOL is required to submit its forms for approval to the Federal Office of Management...… Continue Reading The post Department of Labor Issues Updated FMLA Forms appeared first on Disability, Leave & Health Management Blog.
September 10, 2018

The Devil Is in the Detail – FMLA Eligibility and Remote Workers

With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA eligibility is determined for remote workers.   Some incorrectly believe that a work-at-home employee cannot qualify for FMLA if the home...… Continue Reading The post The Devil Is in the Detail – FMLA Eligibility and Remote Workers appeared first on Disability, Leave & Health Management Blog.
August 29, 2018

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