How to Determine Who is Covered Under FMLA

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who is covered under fmla

The Family and Medical Leave Act (FMLA) provides certain employees up to 12 workweeks of unpaid, job-protected leave a year. It is also required that health benefits be maintained while the employee is on leave.

However, how do you know if FMLA coverage is an option for your employee? Who is covered under FMLA? We spoke with ERC's HR Help Desk Advisors about the steps to take to decide if your employee would qualify for coverage under FMLA.

Determine if an employee is eligible for FMLA coverage

Here are some guidelines to follow to determine if an employee is eligible for FMLA coverage. And remember, all must apply.



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New Rulings and Regulations Impacting HR

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New Rulings and Regulations Impacting HR

From marriage equality to proposed changes to overtime exemptions (not to mention the Supreme Court ruling that again affirmed the ACA), HR professionals across the country are taking a collective breath after a week of landmark rulings and proposed new regulations that impact the employment landscape. Here is what employers need to know (and do) now.
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Why Employee Handbooks Matter

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 Why Employee Handbooks Matter electronic employee handbook acknowledgement form

Employee handbooks first and foremost reserve and protect the rights of an employer.  In addition, they can help clarify expectations, facilitate better communication with employees, and can reduce risk related to litigation or unionization. As Merritt Bumpass, a partner in the Frantz Ward Labor and Employment Group said,

“An employer has a legal relationship with each of its employees. The crucial issue is what are the terms of that relationship, and the creation of a well written handbook is a very good way to establish clear and acceptable terms of that relationship.”

However, not all handbooks are created equal, and in order to maximize the impact of your organization’s handbook,  we spoke with the attorneys at Frantz Ward LLP, who gave a few suggestions for essential policies you should consider.

Essential Policies:

  • At will disclaimer
  • Equal Employment Opportunity (EEO)
  • Anti-harassment – including sexual and workplace harassment
  • NLRA disclaimer
  • Non-solicitation
  • Work rules/Discipline
  • Electronic communications
  • Employment status/Classification
  • Attendance/Tardiness
  • Family and Medical Leave
  • Personal/Non FMLA Leave
  • Military Leave
  • Firearms/Weapons
  • Drug free workplace/ Drug testing
  • Workplace injury/Illness
  • Employee Acknowledgement Form

Additional Policies to Consider Including:

  • Welcome statement/Introduction
  • Description of benefits
  • Hours/Work schedule/Lunch/Breaks
  • Timekeeping
  • Employee benefits
  • Dress code
  • Reference requests
  • Updating personnel information
  • Access to personnel records
  • Employee suggestions
  • Continued education
  • Emergencies
  • Business reimbursement
  • Travel
  • Performance evaluations
  • Promotions/Transfers
  • Layoff/Recall
  • Payroll
  • Industry specific regulations
  • Reasonable accommodations
  • Employee complaints
  • Termination of employment/Resignation
  • Non-Fraternization/Dating/Personal relationships including relatives
  • Conflict of interest
  • Receiving/Receipt of gifts
  • Cell phones/Electronic devices while driving – Cell phones/Electronic devices at work
  • Smoking and use of tobacco
  • Working from home

Handbooks are not a one-size-fits-all. These are just some examples of sample policies that could be added to your handbook. All handbooks should be reviewed by legal counsel for compliance with federal and state laws and regulations–and should be modified to fit the organizations culture, industry and practices. If you are a ERC Member, contact the HR Help Desk for additional information on sample handbook policies.

Frantz Ward LLP is an ERC Partner and offers a Litigation Prevention Plan (LPP) that helps ERC members with their annual employment law expenses. Not a member of ERC? See what our Membership has to offer.

Source: Employment Law 2015 guidelines, “What’s Cooking in Labor and Employment Law in 2015,” Frantz Ward LLP.

IMPORTANT: By providing you with information that may be contained in this article, the Employers Resource Council (ERC) is not providing a qualified legal opinion concerning any particular human resource issue. As such, research information that ERC provides to its members should not be relied upon or considered a substitute for legal advice. The information that we provide is for general employer use and not necessarily for individual application. We also recommend that you consult your legal counsel regarding workplace matters when and if appropriate.

This document is intended to provide general information about legal developments, not legal advice. Receipt of this information does not create an attorney-client relationship with Frantz Ward LLP.

ERC Partners Frantz Ward and Meyers Roman Litigation Prevention Plan

What HR Professionals Need to Know about the EEOC’s Guidelines on Criminal Backgrounds

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According to a survey released by the Society for Human Resource Management in 2012, approximately 69% of organizations reported that they conduct criminal background checks on all of their job applicants. However, what happens if something questionable shows up on the background check that reveals a criminal past? Do you have the right to ask them about it?

Yes, you do. The Equal Employment Opportunity Commission (EEOC) guidelines strongly recommend employers speak to their candidates about a criminal history brought up in a background check.

In a Guidance document released in 2012, the EEOC describes the circumstances under which an employer’s use of arrest and conviction records can violate Title VII’s disparate treatment and disparate impact theories. The EEOC continues to embrace a test that evaluates criminal history, known as the Green factors

The Green factors include:

  1. The nature or gravity of the offense or conduct
  2. The time elapsed since the conviction and/or completion of the sentence
  3. The nature of the job sought or held

But what is significant about the enforcement Guidance? It tries to assist employers with a better understanding of how the EEOC believes these factors should be applied.

Application questions

As a best practice, the EEOC encourages employers to not ask about convictions on an employment application. However, if the employer does ask the applicant about their criminal background past, the Guidance recommends that they only ask questions that are relevant to the position and job duties.

Arrest records

The Guidance states that an employer may not use arrest records to solely treat an applicant differently and cannot use arrest records alone as a reason to deny employment. However, if an employee has been arrested, the Guidance allows employment decisions to be based on the conduct underlying the arrest. As long as the reason for which the employee or applicant was arrested is relevant and makes the individual unfit for the position, than the employee or applicant may be terminated/not offered employment for the arrest.

Individualized assessments

This is when an employer will inform an employee or applicant that he or she will be screened for a criminal background. The individual is given an opportunity to respond and then the employer considers the circumstances before making a decision.

“In the Guidance, the EEOC states that employers who develop a targeted screen using the Green factors as well as the individualized assessment, can avoid Title VII liability.”

Compliance with federal law:

“The Guidance affirms that an employer who is conducting criminal background checks in order to comply with another federal law or regulation will not violate Title VII.”

However, the EEOC states that if a screening exceeds the scope of a federally imposed restriction, liability can occur if an employer doesn’t provide evidence that justifies an enhanced policy.

EEOC Guidance check list for HR professionals

HR, compliance, termination, or compensation questions?

ERC has a team of HR Help Desk Advisors to provide timely and trusted answers.

Contact the Help Desk

What is Lean Manufacturing?

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Lean Method and Six Sigma: What Is The Difference and Which Do You Need?

Lean Manufacturing concepts eliminate wasteful practices while delivering increased value to the customer, but what does that really mean? We spoke with Rick Bohan, training consultant for ERC, about what lean manufacturing is and the importance of it.

Lean manufacturing can be described differently depending on who you ask. It is a concept understood by many yet lacks an indisputable description. Below discusses a few of the different ways lean manufacturing is described.


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The Do’s and Dont's of Benchmarking and Performance Reviews

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The Do’s and Dont's of Benchmarking and Performance Reviews

In today's team and collaborative environment, having a performance review with employees is a great communication and evaluation tool. A survey conducted by SHRM in fall of 2012 shows that 74% of companies perform reviews annually, while 21% conduct reviews semi-annually. A small percentage performs them quarterly or ongoing.  

However, with most companies conducting some type of performance review, still 4 out of 5 U.S. workers are dissatisfied with their job performance review, according to a 2009 Reuters poll. So how can you conduct a review that will be beneficial, to both you and the employee?

We spoke with Tom Ault, Director of Technical Training at ERC, about how to use benchmarking to not only improve your organization’s measurement of the quality of policies, products, programs, and strategies, but how to make the employee more happy and comfortable with the process.
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