Construction Employers Must Provide Paid Family Leave in New York

Joshua Etemadi Bonds, Construction, Human Resources, News

Effective January 1, 2018, employees of construction employers (supplies, architects, contractors, and others) working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act. The PFLL applies to all employees employed by private employers in the construction industry and working in New York State, even if those employers are located outside the State of New York or the employee is working from home (for example, sales employees, estimators, etc.). Tell me more >>>

When Do Related Companies Get Combined for Purposes of FMLA?

Bob Werkheiser Human Resources

Consider this example: Company A has 30 employees in Lancaster and Company B has 30 employees in Bethlehem. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on …

More Employers Turn to Outsourcing for Leave Management

Tom Henschke Health Benefits Administration, Human Resources

The Family and Medical Leave Act and the Americans with Disabilities Act have been around for decades, but today’s employers continue to struggle with managing employee leave. That’s why, in response to overlapping state and federal laws and expanded mandates for disability leave coverage, more employers are outsourcing their paid leave plans by a rate of double digits in the last two years according to the Website “ebn”. This was the finding of the 2016 DMEC Employer Leave Management Survey, a study of more than 1,100 employers of various-sized American businesses. The study was sponsored by the Disability Management Employer Coalition, and was conducted by Spring Consulting Group. Read the full article >>> For more information, contact Tom Henschke, Assistant Vice …

Think Before You Call: Contacting Employees on FMLA Leave

Bob Werkheiser Human Resources

Shared by Deb Franklin from the Disability, Leave & Health Management Blog of Jackson Lewis, by Tiffany A. Buckley-Norwood on February 21, 2017 How many employers have had this situation arise? An employee requests and receives Family Medical Leave Act (FMLA) leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer. According to the courts, a few minor, work-related communications with the employee to “pass on institutional knowledge or documents”, or as a “professional courtesy”, may be permissible. See Massey-Diaz v. University of Iowa Community Medical Services, Inc. (2016). Any more than …

What am I Doing Wrong? Common FMLA Mistakes

Bob Werkheiser Human Resources, Uncategorized

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding Family Medical Leave Act (FMLA) administration. Here are some of the more common mistakes employers can inadvertently make in this regard. Not providing an employee with a sufficient Notice of Eligibility and Rights & Responsibilities. When an employee requests FMLA leave, or when an employer acquires knowledge that an employee’s need for leave might be FMLA-qualifying, an employer must: Notify the employee of the employee’s eligibility to take FMLA leave and rights and responsibilities within 5 business days, absent extenuating circumstances. This “Eligibility and Rights & Responsibilities Notice” must be in writing and must state whether the employee is eligible for FMLA leave …