HR Tip: Employees cannot decline FMLA leave even when a collective bargaining agreement says otherwise

In March 2019, the DOL issued an opinion letter that neither an employee nor an employer may decline FMLA leave when an eligible employee is absent for an FMLA-qualifying reason. The letter noted this is particularly true even if the employee wants the employer to delay the designation of FMLA leave.

Apparently, this created confusion in union environments where there is a collective bargaining agreement that allows the employee to use paid leave first and then use FMLA leave after paid leave is exhausted. In a new opinion letter , the DOL made it clear that an employer still may not delay designating paid leave as FMLA leave even if the delay otherwise complies with a collective bargaining agreement.

The bottom line is that in all cases once the employer has sufficient information to determine that an employee’s leave is covered by the FMLA, it must designate the leave as FMLA leave.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

HR Tip: Supreme Court ruling alerts employers to quickly compare EEOC complaints and lawsuits

In Fort Bend County v. Lois M. Davis published on June 3, the US Supreme Court ruled that Title VII’s charge-filing requirement is a processing rule, not a jurisdictional prescription, and an objection to it may be forfeited “if the party asserting the rule waited too long to raise the point.” This ruling revolves around the fact that employees filing suit under Title VII of the Civil Rights Act of 1964 must first file a complaint with the EEOC.

It means that employers must immediately check if charges in litigation filed under Title VII jive with those in the previously filed EEOC complaint. If the charges do not match, and employers act immediately, then they can get that claim dismissed, but delaying the action, which occurred in this case, means that chance is forfeited. The question of how long an employer can wait before raising an objection or defense without risking forfeiture was not decided by the Supreme Court and will be litigated and developed in the lower courts going forward.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

HR Tip: New FMLA forms available from DOL

The Family and Medical Leave (FMLA) certification forms and notices are now valid until Aug. 31, 2021. DOL didn’t make any substantive changes to the forms, other than the new expiration date. Here they are:

Notices

Certification forms

The DOL must submit its FMLA forms to the Office of Management and Budget (OMB) for approval every three years. OMB review is required to ensure the FMLA certification and notice process isn’t too bureaucratic.

While the forms aren’t mandatory, many employers use them. Some employers copy and paste the DOL form into their own form, replacing the DOL logo with their own.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

HR Tip: SHRM benefit survey on popular perks30

aAccording to the Society for Human Resource Management’s (SHRM’s) 2018 Employee Benefits Survey the current low level of unemployment is driving employers to beef up their benefits to retain and recruit employees. More than two-thirds of the employers in the survey raised their benefit levels in the past 12 months. There were expanded offerings in:

  • Health-related benefits (up among 51 percent of respondents)
  • Wellness (44 percent)
  • Employee programs and services (39 percent) such as retirement savings and advice
  • Professional and career development benefits (32 percent)
  • Leave, family-friendly and flexible working benefits (each 28 percent)

The report details the types of increased benefit offerings in each category as well as trends that have stabilized or reversed. For example, under Wellness, it notes that substantial increases were seen in:

  • Company-organized fitness competitions/challenges (38 percent, up from 28 percent last year).
  • CPR/first aid training (54 percent, up from 47 percent).
  • Standing desks (53 percent, up from 44 percent).

“One sign that employers are targeting their benefit spending for maximum effectiveness: Since 2014, the share of organizations offering offsite fitness center memberships fell to 29 percent from 34 percent, while those that provide a subsidy/reimbursement for offsite fitness classes rose to 16 percent from 12 percent. Too often, people will join a gym but rarely go, employers found, while those who sign up for classes are likely to use them.”

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com