We get calls from all around the country from employees who want to know if their Family Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA) rights have been violated. We explain that we are not attorneys. But here is one of the stories I was told by a caller:

I am 52 years old and I worked for (one of the biggest pet store chains in the US) XYZ as a store manager. At work I slipped on some water, fell and hurt my hip. I have a bad hip, and the doctor said I needed hip surgery. I went to my regional manager and told him I needed two weeks off for surgery.

I asked the caller, “Did they offer your FMLA paper work, and explain to you your FMLA rights? Did they give you the forms, et al?”

No, all he said was that he could not give me two weeks off but only one week. I had the surgery, came back and my doctor told me not to lift anything more than 20 pounds. I told my manager this restriction. Things went fine until one day some of the guys, who move dog food around, did not show for work and the manager told me to move them. I reminded him of my restriction of 20 pounds and he said “just bend from the knees, and move it all.” I reinjured myself and as I could barely move, things were not getting done in the store as fast and my regional manager fired me for bad performance.

Again we could not give him legal advice, but this is a classic example of a company not training its management/supervisors in Family Medical Leave Act and Americans with Disabilities Act. This man was entitled to up to 12 weeks of job protected leave and should have been given the forms and an explanation of his rights. Supervisors are personally liable for violating FMLA. Also, when he came back to work the weight restriction was a reasonable accommodation and should have been made via the ADA.

Imagine the lawsuit the man above might initiate. This all could have been avoided by having a 1 hour training session, twice a year with every manager and supervisor of XYZ. This is why we provide FMLA and ADA training for managers/supervisors. It is not enough that the HR dept knows these federal laws, the front line managers have to know these laws too, so they do not violate them and get the company and themselves into a lawsuit.

This article is not an insurance policy. All questions of insurance coverage are determined by your insurance policy. We are also not a law firm and we do not offer any legal advice.

About HCP National Insurance Services

HCP National is a one-stop shop for all your insurance needs. We provide all lines of insurance coverage including employment risk management, ASO and Stop Loss Insurance, Fully Insured Managed Care Programs, Medical Malpractice E & O and D & O, Reinsurance, Product Liability, BOP’s, Workers Compensation, All Forms of Property and Casualty Insurance. HCP National is a Compliance Educator and Trainer on FMLA, FEHA, CFRA, EOC, OSHA, IRCA, Sect 125, COBRA and more, as well as a full service employee benefits insurance brokerage for employers with 50 or more covered employees, located in Orange County, CA.

Author: William D. Dyer
Article Source: EzineArticles.com
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Since spring 2009, H1N1 has raised a host of dilemmas for our global society. Not only have we coped with racing to develop and distribute a suitable vaccine, but we also have had to develop strategies for coping with multiple and extended absences at work and at school. To say that this has been a difficult time is an understatement, but it has also been an opportunity to rethink prior assumptions which have long been unchallenged.

• Recent reports from the USA Center for Disease Control (CDC) indicate that 44,555 people have been infected with and 4,314 have died from the H1N1 flu as of 11/25/09 (Flucount.org, 2009).
• Worldwide, the figures are 1,041,467 infected and 11, 879 dead (Flucount).

Much as post-9-11 in the USA, companies were developing catastrophic emergency procedures, the media and government are replete with the call for businesses and schools to develop comprehensive continuity plans due to the H1N1 pandemic. How do we go about creating such a plan responsibly and with the input of staff members? And what are the issues involved?

Aside from the loss of revenue as people are not out shopping and have their minds focused on coping with the illness, there is a larger immediate issue which faces all businesses. How do businesses cope with large numbers of people absent from work because they fit into any of the following categories?

• They have a fever (CDC recommends staying home and helping to control the spread of all flus)
• They have to take care of a critically ill family member who has H1N1 (Family Medical Leave Act)
• They have H1N1 themselves and it has had a long duration and recovery
• They flu is spreading rapidly at work, and the employee is a high risk category for catching the flu (pregnant women, chronically ill, etc)

Of course our utmost priority is preserving the well-being of our staff and safety. The advice from medical professionals is that we stay home when we are sick in order to reduce the severity of the illness, recover more quickly and not spread our illness to colleagues and clients/customers. In order to fight boredom and isolation, and help companies with productivity if mass numbers of employees are absent, once we are sufficiently recovered, or if we are taking care of family members who are ill, can companies find ways employees might participate? Such efforts might not be overly rigorous, but could be vital in helping companies to continue to function. Moreover, their vital organizational knowledge can be accessed and utilized, and their transition back to work more smooth. Following the five steps listed below could help with this transition and minimize lost work time, productivity and good will during the flue pandemic or any other reason which incurs extended absences.

1. Visit the Flu.gov website and check the Business checklist (listed in resource list below) to evaluate the readiness of your business to handle issues related to a widespread disease outbreak.
2. Talk with any regional or national oversight office for your business to determine if there is already policy in place and advisories that can guide local policy entirely or partly.
3. Supervisors and staff should have a sit down meeting and then a printed policy regarding when to stay home with a fever, regardless of how ill they feel. The Center for Disease Control (CDC) now recommends staying home at least 24 hours after a fever breaks. This policy relates to the next point on our list.
4. Consider how your business may be able to develop a more flexible leave policy or alternate work arrangement for during a broad flu outbreak. While there is no need to stay home if one person is mildly ill, a spouse or parent may have to stay home for severe illness of a family member due to flu, thus increasing absenteeism more than might otherwise be expected. In addition having alternate work arrangements may enable more people to choose to stay home with a fever and not have to ration out their sick days.
5. Supervisors and staff should work together to develop strategies wherein technology may facilitate their business continuity plan in several ways including,

• Having a means in place for employees to post files to and retrieve files from a server so that they may work at home if they have to be confined and are not overly ill,
• Increase the business’ web presence and ecommerce services so that clients and customers can become more aware of how to access your products and services without traveling to your location,
• Establish an update notification system, perhaps twitter, rssfeed, or listserv where employees might receive updates about flu related news- prevention, vaccines, etc, and,
• Develop an emergency notification system, phone and/or text message regarding closings, urgent warnings, etc.

Conclusion

This medical and societal crisis could be an opportunity for companies to build greater employee and client relationships and confidence, or further divide the different needs and perspectives. Cultivating a culture of support, well-being, and responsibility could be a turn around for a business culture long focused solely on profits. We continue to be in the age of reinvention for businesses and employees to survive. Could the H1N1 pandemic be the next BIG opportunity to do just that for you and your organization?

Article and Business Resources

• Flu.gov (2009). Business checklist Retrieved November 25, 2009, from http://www.flu.gov/professional/business/businesschecklist.html
• Flucount.org (2009, Nov. 25). Swine flu count.
• U.S. Department of Labor. (2008). Family Medical Leave Act (FMLA).

Written by Dr. Kathleen P. King (EdD)

Certified professional coach, Professional speaker, Professor, Transformation Education CEO

About Dr. King
Dr. King is a dynamic, interactive keynoter, and accomplished author who invigorates and empowers audiences on a variety of topics. She guides professionals in dynamic and rewarding professional journeys: from coping with changes in the workplace, developing leadership, speaking, writing and time management skills, to navigating organizational demands, meeting the needs of 21st century learners, designing and facilitating distance learning, and “Helping Professionals Reach Their Dreams.” Widely recognized with professional awards for her innovative publications, research and service to the field, she thrives on working with teachers and other adult learners in all contexts.

Contact Kathy to discuss availability for in-person and virtual speaking engagements, coaching services and consulting services.

About TELLC
Transformation Education LLC is an educational service organization providing keynotes, seminars, training and faculty development, mentoring, and coaching for groups and individuals. Since 1992, we have served a global, but always personal client base. We provide cutting-edge, relevant, and critical support for mastering lifelong professional learning in a virtual age!

http://www.transformationed.com/coaching

Author: Dr. Kathleen P. King
Article Source: EzineArticles.com
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The Family Medical Leave Act, often referred to as the FMLA, guarantees that eligible employees will be able to obtain leave upon the occurrence of certain triggering events. To be eligible to take FMLA leave, an employee must work for a covered employer, work 1,250 hours during the 12 months prior to the start of leave, work at a location where 50 or more employees work at that location or within 75 miles of it, and have worked for the employer for 12 months.

Provided that the employee is eligible, the right to leave is triggered by one of the following events:

Birth of a child. If a child is born to the employee and the employee requests leave to care for the child, the employee may use FMLA leave. A mother is entitled to up to 12 weeks of leave for the birth of a child, prenatal care, incapacity related to pregnancy, or for her own serious health condition following the birth of a child. A father may use leave for the birth of a child and to care for his spouse who is incapacitated as a result of pregnancy or child birth.

Adoption or foster care of a child. As with the birth of a child, an employee is entitled to leave when a child is placed with the employee for adoption or foster care.

A close relative has a serious health condition. An employee may take FMLA leave when a spouse, child, or parent of the employee has a serious health condition. A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

The employee has a serious health condition. A serious health condition makes the employee unable to work may trigger the right to take FMLA leave. The serious health condition need not render the employee completely unable to work, but need only make the employee unable to perform the specific duties of his or her position.

Active duty in the military. If there is a qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is on active duty (or about to be called to active duty) in the military, the employee may be entitled to take leave. Qualifying exigencies are determined by Department of Labor regulation and include such circumstances as military events, short-notice deployment, or child care and school activities.

It is important to note that the federal regulations, agency interpretations, and court opinions construing FMLA leave are numerous and complex. The above summary of the FMLA cannot possibly address all the nuances of the law. If you have any question about whether an employee is entitled to FMLA leave in any particular instance, contact an attorney who practices employment law.

The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

For more valuable information about employment law issues faced by businesses and professionals, please visit the Business Litigation Update.

Author: M. Stamp
Article Source: EzineArticles.com
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FMLA regulations or The Family and Medical Leave Act is requiring covered employers to give a non-compensated leave of absence to their employees for reasons such as an illness; delivering a child; or caring for members of the family.

The FMLA is applicable to employers who have more than 50 existing employees; they are required to grant a qualified employee up to a maximum of 12 weeks of uncompensated leave. Here are the more specific legal reasons that an eligible employee can present:

For assignment with an employee of a child for foster care or adoption
A serious health condition which warrants for a continuous treatment by a health care professional
Incapacity and treatment of more than 3 calendar days; incapacity could also encompass prenatal care or pregnancy
Two times or more treatments within the month (specifically 30 days) of incapacity
Requirement to be cared for by a health care professional on at least a single occasion which resulted into a continuous treatment
A health condition beyond the employee’s control such as contracting an illness whether it’s short-term or long-term
Having a chronic illness which warrants for periodic visits by a health care provider for at least twice annually
Episodic incapacity reasons such as diabetes, asthma or epilepsy
Conditions which may require multiple treatments which is already inclusive of the recovery period
Restorative surgery for injuries or accidents
Undergoing treatments for cancer such as chemotherapy or radiation or the performance of dialysis
The FMLA regulations also cover conditions such as recurring illnesses or even morning sickness
Inpatient care or the requirement of a health care professional to admit the employee to the hospital for immediate care.

If the listed illnesses or conditions require FMLA regulations to be applied, then these conditions, on the other hand, are not covered since they are not classified as serious conditions:

Common cold
Influenza
Headaches (other than migraine)
Ear aches
Minor ulcers
Upset stomach (which can include loose bowel movement)
Routine dental problem
Orthodontia concerns
Periodontal diseases

The FMLA regulations are there to protect both the employer and employee. Since it is recognized that even machines need to rest or have to undergo repairs at times, then so it is with employees-they can file for a leave of absence for as long as their conditions require it.

Put an end to a hostile workplace and workplace bullying once and for all. For more information visit our website!

Author: Daniel M. Tolpert
Article Source: EzineArticles.com
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FMLA regulations or The Family and Medical Leave Act is requiring covered employers to give a non-compensated leave of absence to their employees for reasons such as an illness; delivering a child; or caring for members of the family.

The FMLA is applicable to employers who have more than 50 existing employees; they are required to grant a qualified employee up to a maximum of 12 weeks of uncompensated leave. Here are the more specific legal reasons that an eligible employee can present:

For assignment with an employee of a child for foster care or adoption
A serious health condition which warrants for a continuous treatment by a health care professional
Incapacity and treatment of more than 3 calendar days; incapacity could also encompass prenatal care or pregnancy
Two times or more treatments within the month (specifically 30 days) of incapacity
Requirement to be cared for by a health care professional on at least a single occasion which resulted into a continuous treatment
A health condition beyond the employee’s control such as contracting an illness whether it’s short-term or long-term
Having a chronic illness which warrants for periodic visits by a health care provider for at least twice annually
Episodic incapacity reasons such as diabetes, asthma or epilepsy
Conditions which may require multiple treatments which is already inclusive of the recovery period
Restorative surgery for injuries or accidents
Undergoing treatments for cancer such as chemotherapy or radiation or the performance of dialysis
The FMLA regulations also cover conditions such as recurring illnesses or even morning sickness
Inpatient care or the requirement of a health care professional to admit the employee to the hospital for immediate care.

If the listed illnesses or conditions require FMLA regulations to be applied, then these conditions, on the other hand, are not covered since they are not classified as serious conditions:

Common cold
Influenza
Headaches (other than migraine)
Ear aches
Minor ulcers
Upset stomach (which can include loose bowel movement)
Routine dental problem
Orthodontia concerns
Periodontal diseases

The FMLA regulations are there to protect both the employer and employee. Since it is recognized that even machines need to rest or have to undergo repairs at times, then so it is with employees-they can file for a leave of absence for as long as their conditions require it.

Put an end to a hostile workplace and workplace bullying once and for all. For more information visit our website!

Author: Daniel M. Tolpert
Article Source: EzineArticles.com
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