Articles and Blogs

FMLA

Paid Sick Leave: DOL’s Temporary Regulations for FFCRA

[04/06/20]

Posted on April 6, 2020 in HR Insights for Health Care

Published by: Hall Render

Just as the Families First Coronavirus Response Act (“FFCRA”) went into effect on April 1, 2020, the U.S. Department of Labor (“DOL”) issued its “Temporary Rule: Paid Leave under the Families First Coronavirus Response Act” (“Temporary Rule.”) This Temporary Rule was published in the Federal Register on Monday, April 6, 2020, and provides some... READ MORE

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Groundbreaking Paid Sick Leave Bill Becomes Law

[03/19/20]

Posted on March 19, 2020 in HR Insights for Health Care

Published by: Hall Render

On Wednesday, March 18, 2020, President Trump signed the Emergency Families First Coronavirus Response Act (H.R. 6201) into law. Among other things, the new law creates the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act, each of which creates excused time off and paid leave for certain employees dealing... READ MORE

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Legislative Pushes to Protect Health Care Workers Against Violence

[02/12/20]

Posted on February 12, 2020 in HR Insights for Health Care

Published by: Hall Render

States and the federal government are currently expanding laws intended to protect health care workers against workplace violence or raise the penalties for causing harm to health care workers. Workplace Violence Workers in health care settings often face the risk of workplace violence as a result of their interaction with patients and clients. While... READ MORE

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Don’t Hesitate to Designate: DOJ Letters Claim Employers Must Designate Qualifying Leave as FMLA Leave

[09/30/19]

Posted on September 30, 2019 in HR Insights for Health Care

Published by: Hall Render

Two recent opinion letters by the Wage and Hour Division of the U.S. Department of Labor (“DOL”) interpret the Family and Medical Leave Act (“FMLA”) to require that whenever an employee takes leave for an FMLA-qualifying reason, the employer must designate such leave as FMLA leave, even if the employee would prefer to “save... READ MORE

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Of Faux Pas, Fibs and Legal Fees: A Cautionary FMLA Tale

[11/14/18]

Posted on November 14, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision from a U.S. District Court in Wisconsin held that the Family and Medical Leave Act (“FMLA”) claim brought by the former employee of an assisted living center could not be dismissed. The outcome and the facts are instructive for other health care employers. The former employee of the assisted living facility,... READ MORE

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Department of Labor Issues Six New FMLA and FLSA Opinion Letters

[10/04/18]

Posted on October 4, 2018 in HR Insights for Health Care

Published by: Hall Render

They’re at it again! On August 28, 2018, the Department of Labor’s Wage and Hour Division issued six opinion letters. This was the second batch of opinion letters from the Wage and Hour Division in a matter of months. The Wage and Hour Division, which hadn’t published new opinion letters since 2010, previously issued... READ MORE

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State of Michigan Adopts Paid Sick Leave Law

[09/24/18]

Posted on September 24, 2018 in HR Insights for Health Care

Published by: Hall Render

On September 5, 2018, the Michigan Legislature voted to approve the Earned Sick Time Act (the “Act”), the Midwest’s first statewide paid sick and safe time law.[1] The Act requires employers to provide employees with earned sick time, up to 72 hours per year, for certain covered reasons, such as mental or physical illness... READ MORE

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Department of Labor Issues Three New Opinion Letters

[05/14/18]

Posted on May 14, 2018 in HR Insights for Health Care

Published by: Hall Render

The Department of Labor’s Wage and Hour Division recently issued three new opinion letters, the first new opinion letters published since 2010. Opinion letters are, according to the Department of Labor, “an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer,... READ MORE

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Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave

[02/20/17]

Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

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Can I Fire an Employee for Sleeping on the Job? Don’t Forget About the FMLA!

[03/01/16]

Posted on March 1, 2016 in HR Insights for Health Care

Written by: Mary Kate Liffrig

We’ve blogged in the past about employees caught sleeping on the job. Most employers would say that an employee who is caught sleeping on the job will usually end up getting fired, and that is usually fine! However, where that employee suffers from a disability or a serious health condition, an employer will need... READ MORE

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