Family & Medical Leave

Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


Managing the Impact of State and Local Leave Laws.
Nines, Agnes; Benefits Magazine; v54 no10 pp 44-49 Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Keeping up with the multitude of state and local laws that regulate family and other types of leave is a complicated task. This article describes best practices for developing a leave management policy.
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Legislative Update.
Heath-Rawlings, Jesse; Plans & Trusts; v35 no4 pp 37-39 Jul-Aug 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The 2017 federal budget contains significant changes that will impact employees and their pensions and benefits, and all provincial budgets have been released. Significant highlights of the budgets are listed.
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A Practical Guide to Implementing Unlimited PTO.
Earley, Laura; Benefits Magazine; v54 no7 pp 14-19 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Will an unlimited paid-time-off policy help your employees achieve work-life balance, or will it leave them confused and resentful? The author suggests employers can successfully implement such a policy with the proper consideration of issues like abuse and other leave programs.
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Benefit Basics: Tracking FMLA Leave.
Earley, Laura J.; Benefits Magazine; v54 no3 pp 8-9 Mar 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Employers have four options for counting leave taken by their employees under the Family and Medical Leave Act (FMLA)--a calendar year, any fixed 12-month "leave year," a 12-month period measured forward from the date an employee first uses FMLA or a rolling 12-month method measured backward from the date an employee uses FMLA.
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A New Age In Caregiving Benefits.
Weil, James B.; Benefits Magazine; v54 no3 pp 46-50 Mar 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Many Americans are working while providing care for a loved one. Employers that provide support for these working caregivers can limit the negative impact that informal caregiving responsibilities may have on productivity while boosting employee retention and recruitment.
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5 FMLA Hot Topics.
Mostrom, Cheryl L.; Benefits Magazine; v53 no7 pp 26-33 Jul 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Legislative developments and recent court decisions make complying with the Family and Medical Leave Act (FMLA) a moving target. Five areas might trip up employers: the impact of same-sex marriage on employment relations, military-related leave, the investigation of possible FMLA leave abuse, delivery methods for FMLA information and joint employment.
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Former Employee's FMLA and ERISA Claims May Proceed.
Benefits Magazine; v53 no6 p 60 Jun 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the District of New Hampshire finds sufficient evidence to indicate that the defendant health care company terminated the plaintiff employee's employment in violation of the Family and Medical Leave Act (FMLA) and the Employee Retirement Income Security Act (ERISA).
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Smart (and Legal) Maternity/Paternity/Parental Leave Policies.
Howells, Dana D.; Brophy, Jonathan L.; Benefits Magazine; v53 no3 pp 14-17 Mar 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In developing a parental leave policy, employers need to account for federal and state job-protected leave entitlements, some states' paid leave benefits and antidiscrimination laws.
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Laws Prohibiting Discrimination [sic] Employment or Training.
Kennedy, Richard T.; Vater, Joseph A., Jr.; Benefits Magazine; v52 no7 pp 8-9 Jul 2015; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Trustees of plans offering apprenticeship and training programs must be aware of federal, state and local laws protecting employees and trainees from discrimination. The Equal Pay Act of 1963 amended the Fair Labor Standards Act to require equal pay regardless of gender for work involving the same skills and responsibilities under comparable working conditions for a given company. The Age Discrimination in Employment Act of 1967 bans discrimination based on an individual's being age 40 or older, whether an employee, trainee or candidate. Under Title VII of the Civil Rights Act of 1964, as amended, discrimination based on race, color, religion, sex or national origin is prohibited, as are racial, religious, ethnic and sexual harassment in the workplace. Title I of the Americans with Disabilities Act of 1990 protects those with a physical or mental impairment. Its provisions extend to physical access to buildings used for work or training. The DOL has further regulations on equal employment opportunities applicable to recruiting and training prospective employees. The Family and Medical Leave Act and Uniformed Services Employment and Reemployment Rights Act also apply to employee groups of sufficient size.
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Employer Interfered With FMLA Leave and Intentionally Violated COBRA.
Benefits Magazine; v51 no12 p 57 Dec 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Evans v. Books-a-Million the Eleventh Circuit Court of Appeals ruled that the defendant employer violated the plaintiff employee's Family and Medical Leave Act (FMLA) and COBRA rights by coercing the plaintiff to work from home and failing to provide the plaintiff with notice of her rights after her termination. The plaintiff made several claims, all of which except an intentional COBRA violation were ruled against by a district court. The Eleventh Circuit upheld the district court's ruling in favor of the defendant on the plaintiff's claims of violations of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act and the district court's ruling in favor of the plaintiff on the COBRA claim, but ruled that the district court erred in dismissing the FMLA claim and in not considering litigation-related expenses as part of the awarded attorney fees.
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FMLA Notices Untimely, but No Harm Done.
Benefits Quarterly; v30 no4 pp 74-75 4th Qtr 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Bellone v. Southwick-Tolland Regional School District the First Circuit Court of Appeals upheld a summary judgment that a teacher did not have a good claim against the school district under the Family and Medical Leave Act (FMLA). The district had provided late and inadequate FMLA designation notices. The district informed the teacher after his 12-week FMLA leave was up that he was expected to return to work, but he would have been medically unable to return to work at the appointed time. Since the teacher provided no evidence that he was harmed by the lateness of the notice, the dismissal of his claim was upheld.
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Workplace Absence: Least Examined Areas of Benefits Program May Be Costly.
Moyer, Holly; Benefits Magazine; v51 no1 pp 38-42 Jan 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Absenteeism can have more financial impact than health care and other high-cost programs. Implementing a broad absence management strategy can generate significant savings, though it must be done in compliance with a maze of federal and state laws. An absence management program should be solidly based on a proactive plan design, use administrative best practices, incorporate compliance measures and be integrated with benefits such as employee assistance programs and work life initiatives. The program must be carefully developed and communicated clearly to employees and managers. One midsized company with over $1 million in annual absence-related costs is seeing lower absenteeism rates after implementing a well-crafted absence management program, with cost reduction related to disability and medical leave expected to follow.
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Court Considers Plaintiff's Retaliatory FMLA and ERISA Claims.
Benefits Magazine; v50 no4 pp 58, 60 Apr 2013; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Laws v. HealthSouth Northern Kentucky Rehabilitation Hospital Limited Partnership the Sixth Circuit Court of Appeals rejected the plaintiff employee's ERISA retaliatory discharge claim but allowed her to pursue a claim of termination due to taking more Family and Medical Leave Act (FMLA) leave than the defendant hospital wanted. The plaintiff had complained to her superiors about being disciplined for FMLA-approved absences. The defendant claimed that her termination later the same year was for taking a patient off a prescribed drug without a doctor's order. Contrary to a district court ruling, the Sixth Circuit found the plaintiff had enough evidence to pursue the FMLA claims, but her ERISA claims were based on the fact that she incurred extraordinary medical expenses just prior to termination, and the court found no evidence that this factored into her termination.
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Court Dismisses Terminated Employees' ERISA, ADEA and FMLA Claims.
Benefits Magazine; v49 no5 pp 56, 58 May 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Two plaintiffs affected by a merger and downsizing filed multiple claims in Gambill et al. v. Duke Energy Corporation. They declined voluntary resignation with severance pay and an early retirement pension enhancement, and asserted when these options were retracted that their terminations violated the ADEA, Family and Medical Leave Act and ERISA. The Sixth Circuit Appeals Court affirmed the lower court's finding that the defendant's reduction in force and corporate restructuring were legitimate and nondiscriminatory reasons for terminating the plaintiffs. Plaintiffs failed to prove that disparate, age-based discrimination or retaliation following one employee's absences motivated the terminations, rather than prudent business decisions. Last, the court found no evidence the employer interfered with ERISA benefit rights by not making an exception to the retirement plan provisions.
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How Conflicting Same-Sex Union Laws Are Impacting Employee Benefits.
Solomon, Todd A.; Adams, Joseph S.; Johnson, Brett R.; Benefits Magazine; v49 no1 pp 14-21 Jan 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Employers' freedom to offer employee benefits is somewhat constrained by state and federal laws, especially in the area of same-sex partnerships. The federal Defense of Marriage Act (DOMA) rejects same-sex marriage in all cases, and over 40 states have mini-DOMAs, while a growing number of states have recognized or legalized same-sex partnerships. Employers must consider each benefit type and the legal status of same-sex unions where their employees live, work and were married. Employers may provide retirement and health benefits to same-sex partners, though benefits may be taxable. The same applies to COBRA and federal family and medical leave, though voluntary benefits are not affected by DOMA and mini-DOMAs. The rapid pace of change demands that employers monitor state and federal developments.
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Total Absence Management: A Well-Rounded Approach.
Taylor, Paul D.; Benefits Quarterly; v27 no3 pp 5-8 3rd Qtr 2011; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Total absence management is frequently associated with work scheduling, family medical leave and disability programs, but it is important to also consider health and financial wellness as aspects of absence. Financial insecurity has been linked to both lower productivity and poor health. Financial and physical wellness promotion can prevent absences before they occur, but returning absent employees to work is also a key factor in total absence management. Reports from a total absence management system can help employers identify which health and wellness programs are most likely to provide return on investment for a specific workforce.
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FMLA Expanded for Leaves Related to Family Members Serving in the Military.
Gisonny, Richard; Douglas, Stephen; Benefits Quarterly; v24 no3 pp 10-12 3rd Qtr 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal 2008 (Public Law 110-181), which includes provisions expanding the Family and Medical Leave Act (FMLA) to require employers to provide unpaid leaves of absence for certain reasons related to family members serving in the military. Under the law, employees will be entitled to 12 weeks’ FMLA leave per year for certain yet-to-be-defined “qualifying exigencies” related to a family member’s active military duty. In addition, employees are entitled to take 26 weeks of leave during a single 12-month period to care for a covered family member who suffers a serious injury or illness while on active military duty.
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Other Recent Decisions.
Benefits & Compensation Legal & Legislative Reporter; v42 no6 pp 15-16 June 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Dodd et al. v. Raytheon Systems Company et al., the plaintiffs on leave for union business say they were still employees of defendant and entitled to participate in defendant savings and investment plan. The Ninth Circuit Court ruled that, although they had met most of the criteria to be judged employees, they did not meet the plan requirement of being on a United States based payroll. In Washington v. Comcast Corporation, the plaintiff had medical complications after surgery and needed short term disability when her 12 weeks of Family Medical Leave expired. Eventually terminated, the plaintiff alleged discrimination. The Sixth Circuit Appeals Court upheld a lower court's granting of summary judgment for the defendant, noting that plaintiff was not receiving short term disability nor had she filed an appeal at the time of dismissal.
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