Family Medical Leave/FMLA

The Parental Bereavement Act: What Employers Need to Know

What is the Parental Bereavement Act? As a supervisor, you’re already familiar with the Family and Medical Leave Act (FMLA), which provides eligible workers in specific situations with up to 12 weeks of protected unpaid leave and continuation of health insurance coverage. For example, FMLA protects employees caring for a newborn or bonding with an adopted child.

The Parental Bereavement Act, introduced in 2011 and still in committee, would expand FMLA by providing protection for parents grieving the loss of a child. Montana Senator Jon Tester, who introduced the bill, said in a press release, “When the unthinkable happens to parents, the last thing they should be worrying about is whether they’ll lose their jobs as they deal with life-changing loss.”

Employers and employees need to be aware of one key difference between a parental bereavement leave and other FMLA-protected leaves. This amendment, like the original legislation, would give eligible workers up to 12 weeks of unpaid leave in the 12-month period following a child’s death. However, unlike standard FMLA leave, the Parental Bereavement Act dictates that the leave must be taken in a single block of time unless the employer specifically authorizes intermittent leave.

Like the rest of FMLA guidelines, the Parental Bereavement Act only applies to companies with 50 or more employees.

Stay tuned as this piece of employment legislation works through Congress.

Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the ebook “How To Supervise: What Your Boss Never Told You Before You Took the Job“, A Step-By-Step Guide For New and Seasoned Managers.

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Employee Handbook – The Top 9 Policies That Should Be Part Of Every Employee Handbook

Does your company have an employee handbook? If you don’t you should. An employee handbook serves three purposes. It highlights your expectations for the workplace, puts in writing any legal requirements requirements and sets employee guidelines for workplace practices and behavior in black and white.

Even a bare bones employee handbook is better than no handbook at all. Here are nine policies to help you get started on your employee handbook.

1. Basic Rules of Conduct – Make it very clear which actions will not be tolerated and could lead to immediate termination. Property damage, sleeping on the job, substance abuse, theft, or other factors along these lines could all be included.

2. Specific Problem Solving Procedures – This is the portion of the handbook that should include more specific disciplinary action that might be taken, short of actual termination. It can serve as a problem solving resource for employers and supervisors alike.

3. No Discrimination or Harassment Policies – Make sure that your company shows that it has a zero-tolerance policy on workplace discrimination or harassment of any kind.

4. Workplace Security and No Weapons – Workplace security is at the top of everyone’s list these days. Your handbook should not only outline a zero tolerance policy, but it should include specific information on security procedures.

5. Drugs and Alcohol Policies – Employees need to know your expectations around substance abuse in the workplace.

6. Conflict of Interest and Confidentiality – To protect intellectual property or any other specific pieces of company information, you’ll want a policy in the employee handbook that outlines expectations around employee confidentiality as well as what constitutes a conflict of interest.

7. Electronic Communications Policy – Highlight your restrictions if any on how and when email and the Internet can be used; both before and after business hours.

8. Family Medical Leave – The Department of Labor as basic standards that all companies with a minimum of 50 employees must adhere to when it comes to family and medical leave. Companies can create additional policies based on business needs. Read more about what you need to know regarding family medical leave to inform how you should write your policy.

9. Benefits Policies – This is where you can highlight a summary of benefits and related requirements. Things like medical insurance, time off, tuition reimbursement, can be included in this section.

Whether you create your own employee manual, or you use employee handbook software, it’s important that your business have some type of policy manual that outlines your company’s policies and procedures and that helps your business stay legally compliant.

Dianne Shaddock is the Founder of Easy Small Business HR, Employee Hiring and Managing Tips. Through the Employee Hiring and Managing Tips podcast, blog, and weekly ‘quick tips’ e-newsletters, Dianne offers expert advice on how to make better hiring decisions, manage difficult employees, develop employee policies, motivate staff, and so much more. No stuffy, corporate HR policy lingo; but straight forward, easy to understand and implement advice for businesses just like yours. Stay ahead of the curve and go to Easy Small Business HR for more tips on how to hire and manage your staff effectively.

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Family Medical Leave Act: What Every Business Needs To Know

What is the Family Medical Leave Act and why is it important?

The Family Medical Leave Act, also known as FMLA is a law enacted in1993 which states that qualified employees have the right to access an unpaid leave for a total of up to 12 weeks during any 12-month period, and in some circumstances, up to 26 weeks; (see “Recent Changes to the Family Medical Leave Act”). Certain employers are required to grant their employees access to unpaid leave due to the following reasons:

* Caring for a child after Birth

* The adoption of a child or becoming a Foster parent

* The care of spouse, son, daughter, or parent with a serious health condition

* An employee experiencing a serious health condition which affects his or her ability to do perform their job responsibilities

* Care for family members in the military

During the leave period, employers must hold the employee’s job for them without any changes to the workers salary, work hours, or benefits.

Recent Changes to the Family Medical Leave Act

As of January, 2009, the Act permits a spouse, daughter, son, or next of kin to take up to 26 weeks of leave to care for a family member in the Armed Forces, Reserves or National Guard, who is going through medical treatment, therapy, or healing, or who is in an outpatient status or is otherwise on a temporary disability retired list due to a serious injury or sickness.

Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.

What Types of Businesses are Required to Grant Family Medical Leave?

Any business with 50 or more employees who work within a 75 mile radius of the business must allow their employees access to family medical leave if the worker meets the eligibility requirements.

Which Employees Are Eligible?

To be eligible for FMLA benefits according to the Department of Labor, an employee must:

* Work for a covered employer

* Have worked for the employer for a total of 12 months; and have worked at least 1,250 hours over the previous 12 months

* Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Are There Circumstances Where I Can Deny Family Medical Leave To My Employees?

If you operate a business with 50 or more employees and the employee meets the eligibility requirements, you cannot deny the leave.

Dianne Shaddock is the Founder of Easy Small Business HR.com, a website which provides “Quick and Simple Human Resources Strategies for Small Businesses, Non Profits, and Entrepreneurs. Go to EasySmallBusinessHR.com for more tips on how to hire and manage your staff more effectively. Easy Small Business HR, Your Personal HR Consultant.

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