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by: Domenica Klocko II


Domenica Klocko II
GPA 3.53

R. Roux

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R. Roux
Class Notes
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This 49 page Class Notes was uploaded by Domenica Klocko II on Tuesday October 13, 2015. The Class Notes belongs to MGT 4523 at Louisiana State University taught by R. Roux in Fall. Since its upload, it has received 40 views. For similar materials see /class/223134/mgt-4523-louisiana-state-university in Business, management at Louisiana State University.

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Popular in Business, management




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Date Created: 10/13/15
MANAGEMENT 4523 LEGAIL ISSUES IN HIR MANAGEMENT ROBERTJ ROUX FMLA The Family and Medical Leave Act of 1993 FMLA WHAT DO YOU KNOW ABOUT FMLA I All employers are required to provide FMLA leave True or False I Every employee is eligible for FMLA if they have a qualifying event T or False I Employers and employees have notice requirements True or False FMLA WHAT DO YOU KNOW ABOUT FMLA Clln lieu of having leave designated as FMLA employees may opt to take paid sick or annual leave instead T or False Intermittent leave can be taken under FMLA True or False Reinstatement to yourjob can be delayed or denied True or False FMLA BASICS FMLA allows eligible employees to take up to 12 weeks ofjobprotected leave within a 12 month period for certain family or medical reasons FMLA BASICS 0 FM LA leave is job protected not necessarily paid leave 0 FMLA allows substitution of paid leave in certain circumstances EMPLOYEE ELIGIBILITY To be eligible for FMLA benefits an employee must 3 Work for a covered employer 3 Have worked for the employer for a total of 12 months 1 Have worked at least 1250 hours during the previous 12 months 1 Worked at a location where at least 50 employees are employed by the employer within 75 miles EMPLOYEE ELIGIBILITY 50 or more employees must work for an employer for each working day for 20 or more weeks in the current or preceding calendar yean Part time seasonal or temporary employees are included FM LA PURPOSES Eligible employees may utilize FMLA 1 For the birth and care of the newborn child of the employee 2 For the placement with the employee of a son or daughter for adoption or foster care FM LA PURPOSES 3 To care for an immediate family member with a serious health condition 4 To take medial leave when the employee is unable to work because of a serious health condition FM LA PURPOSES 5 To take up to 12 weeks of FMLA leave because of any qualifying exigency arising out of the fact that the spouse or a son daughter or parent of the employee is on or has been called to active duty in the Armed Forces in support of a contingency operation generally a war or similar combat operation National Defense Authorization Act FM LA PURPOSES An eligible employee who is the primary care giver of a service member with a serious injury or illnessquot incurred in the line of active duty may now take up to 26 weeks of FMLA leave in a single 12month leave year to care for the service member A serious illness or injury is defined as an illness or injury incurred in the line of duty that may render the service member medically unfit to perform the functions of the member 5 office grade rank or rating FMLA DEFINITIONS CHILD 18 years or incapable of self care due to a physical or mental disability 0 Parent 39 not inlaw In Loco Parentis Year 39 calendar anniversary rolling FMLA DEFINITIONS SERIOUS HEALTH CONDITION An illness injury impairment or physical or mental condition that involves either 1 inpatient care eg overnight stay at a hospital 2 outpatient care requiring continuing treatment by a health care provider and a period of incapacity due to a health condition lasting more than 3 consecutive days 3 A chronic eg asthma diabetes or permanent eg Alzheimer s a severe stroke terminal cancer health condition requiring intermittent care from a health care provider SERIOUS HEALTH CONDITION Subject to certain conditions the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive days combined with medical treatment including at least two inperson visits to a health care provider for treatment within a 30day period unless extenuating circumstances exist or one inperson visit and a regimen of continuing treatment incapacity due to pregnancy or incapacity due to a chronic condition Other medical conditions may also meet the definition of continuing treatment The inperson treatment must occur within 7 days of the first day of incapacity Second ad third point came from the fact that employers asked for an amendment to that law SERIOUS HEALTH CONDITION 0 For chronic conditions the employee would have to see a physician for the condition at least twice a year FMLA NOTICE Employees 0339 When the need is foreseeable and notice is practicable employees must give 30 days advance notice to employer 0339 Where leave is not foreseeable employees should give notice as soon as both possible and practicablequot either the same day or the next business day 39339 Simply calling in sick without providing more information does not trigger an employer s FMLA responsibilities FMLA NOTICE 1 Employers 391 Must post a general notice of an employee 5 rights and responsibilities and the employer 5 FMLA policies 1 Employers should notify employees of FMLA eligibility within 5 business days of the leave request 139Notice of ineligibility must also be given to employee with at least one reason why employee is ineligible FMLA NOTICE 3 Employers 339 Must provide employees with a notice of rights and responsibilities at the same time that the eligibility notice is given 339 Must provide employees with a designation notice within 5 days that leave is to be FMLA or due to insufficient information or a nonqualifying reason leave will not be designated as FMLA 3 Also inform employee if paid leave is required to be substituted for unpaid leave or stslf a fitnessforduty certificate prior to restoration of employment will be needed Medical Certification Employers may reguest a medical certification fora serious medical condition within 5 days of the employee 5 notice Certificationincludes A statement of the need for time off The starting date The expected duration CI USDOL Form CI In most cases employees must return form in 15 days I If certification is deficient employee is given 7 days to cure the deficiency Second and Third Opinions QEmployers may request an independent medical examination QThey may also request a third opinion QEmployers pay for these options QThird opinion is binding and final Medical Certification 0 Under the new FMLA regulations employers may directly contact employees39 doctors when employers wish to authenticate or clarify the FM LA medical certification forms that the doctors have filled out Employers will no longer have to go through the employee as an intermediary or retain their own doctor to contact the employee39s doctor Medical Certification HR professionals should contact the employee 5 health care provider The employee 5 direct supervisor MAY NOT do so Due to the HIPAA Privacy Rule permission must be given by the employee to contact their health care provider to obtain clarification ofthe medical certification FMLA leave may be denied any employee who refuses to give permission Intermittent Leave Permitted for serious health conditions Prohibited for bonding unless employer allows it Employee must make a reasonable effortquot to schedule leave so as not to unduly disrupt the employer 5 schedule LIGHT DUTY An employee must be able to perform the essential functions of hisher position or an equivalent position upon return from FMLA leave or when requesting intermittent leave or leave on a reduced leave schedule Reinstatement or transfer to a true light duty position is not required but ADA may apply Also an employee has the absolute right to FMLA leave even ifthe employer offers the employee a light duty job If a light duty schedule is agreed upon such work time will not be counted against the employee 5 FMLA allowance FMLA and Benefits Employers must maintain Group health benefits Other benefits according to company policy 0 Employers may count FMLA leave against employees for attendance or bonuses as long as all types of leave are treated the same FMLA and Benefits 0 Premiums must continue to be paid and employees are entitled to new benefits Change of benefit notices must be given to employees on FM LA leave Benefits must pick up where they left off if employee stops them during leave REINSTATEMENT and TERMINATION Employers must give qualified employees the same or an equivalent position Employers may deny reinstatement when the employee Would not have remained employed Announces intent not to return Has taken leave fraudulently Has violated company policy Is no longer qualified to perform the job REINSTATEMENT and TERMINATION gt Employers may deny reinstatement to key employees gt Employers may delay reinstatement until an employee provides a fitnessforduty certificate FMLA INTERFERENCE The fmla prohibits an employer from interfering with restraining or denying the excersice of FMLA interference FMLA interference includes not only refusing to authorize leave quotbut discouraging an employee from using such leave An employee s prima facie case for fmla interference is that employee must establish that 1 he was elegible for fmla s protection 2 his employer was covered by the fmla FM LA RETALIATION Section 105 of the FMLA and section 825220 of the FMLA regulations prohibits the following employers actions Discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FM LA right DISCHARGED OR IN ANY OTHER WAY DISCRIMINATING AGAINST ANY PERSON WHETHER OR NOT AN EMPLOYEE FOR OPPOSING FM LA RETALIATION Examples of prohibited conduct include Refusing to authorized fmla leave for an eligible employee Discouraging the use of fmla Manipulating an employee s work hours Special Situations Current substance abuse treatment is covered Spouses in same workplace do not each get 12 weeks leave for bonding or to care for a parent with a serious health condition Special Situations Louisiana Pregnancy Leave Law 0 Employers who have more than 25 employees 0 Normal Pregnancy 6 weeks 0 Complications evidenced by a physician 5 statement up to 4 months FM LA QUESTIONS In determining whether a company s workforce falls under the FMLA are part time employees included in the 50 employee count When calculating the 1250 hours should time spent on vacation suspensions etc be included NOT consider just work time Can an employer require an employee to substitute paid leave for FM LA leave Yes they can FM LA QUESTIONS CIWhat happens if an employee does not make a formal request for leave and is off for 3 or more consecutive days Depends if you have a notice otherwise Can employees receive FMLA leave ifthey don t specifically ask for it No Can an employee qualify for more than one FMLA illness within a 12 month period FM LA QUESTIONS Can an employer refuse an employee39s request for intermittent leave or a reduced work schedule No as long as you have a medical excuse 0 Is there a minimum number of hours that the employee has to take off Can an employer transfer an employee taking intermittent or reduced leave to another position FM LA QUESTIONS Does an employee still accrue time towards their FMLA entitlement even when on vacation Yes 0 Do employers have any rights under the FMLA Yes TEST QUESTIONS 2 Employment at will means that without exception any employer may fire any employee at any time and for any reason True False 3 FA LS E TEST QUESTIONS 5 On an application for employment employers may not ask an applicant if he or she is a US citizen True False gtTRUE TEST QUESTIONS 11 After being laid off due to the bad economy George Papadoulas decided to open up his own specialty eatery in Texarkana which he called Donuts and Gyros George figured he could capture the morning afternoon and evening crowds of people from Texas Arkansas and maybe Louisiana who liked to eat out Coming from a large Greek family that also was mostly unemployed George hired ten of his relatives to assist him with his restaurant As a new employer which of the following will George not be held accountable A Unemployment taxes B Minimum Wage and Overtime laws C Federal discrimination laws D All of the above TEST QUESTIONS 11 C Federal discrimination laws TEST QUESTIONS 16Which ofthe following questions would be appropriate to ask during an interview A When is your baby due B Do you have any disabilities that I should know about C What languages can you read speak or write D Who is the nearest relative we should notify in case of an emergency E C amp D F None are appropriate TEST QUESTIONS C What languages can you read speak or write TEST QUESTIONS 17 Jennifer is applying for a position with a local bank The bank likes Jennifer and wants to hire her Before offering the job though the bank wants to do a criminal background check on Jennifer The bank A Must disclose in writing that it will procure a third party to do a background check on Jennifer B Must obtain Jennifer 5 written consent before obtaining the background report C Must give Jennifer a copy ofthe background report if it reveals information that would prevent her from being hired at the bank D All of the Above E A amp B F None of the above TEST QUESTIONS 17 D All of the above A Must disclose in writing that it will procure a third party to do a background check on Jennifer B Must obtain Jennifer 5 written consent before obtaining the background report C Must give Jennifer a copy of the background report if it reveals information that would prevent her from being hired at the bank TEST QUESTIONS 18 Which of the following is a defense to a disparate impact claim of discrimination A Business Necessity Defense B BFOQ C A amp B D None of the above TEST QUESTIONS 18 A Business necessity Defense


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