FMLA is short for the Family and Medical Leave Act, a federal law that provides employees with unpaid, job protected leave and benefits continuation in certain circumstances. People also commonly call leave under this law FMLA, as in “I’m going on FMLA.” FMLA generally provides...
An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate? Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees...
The Occupational Safety and Health Administration (OSHA) has withdrawn its vaccine-or-test Emergency Temporary Standard (ETS) for employers with 100 or more employees. This is the official end of the ETS—employers do not need to comply with it. OSHA is still proceeding with a permanent COVID standard...
In a somewhat surprising turn of events, a three-judge panel from the Sixth Circuit Court of Appeals has lifted the stay on the OSHA vaccine-or-test mandate (the Emergency Temporary Standard, or ETS), which applies to employers with 100 or more employees. This decision is already...
Ultimately, that’s your decision. Some companies are forgoing an in-person holiday party again this year, while others feel like it’s safe enough to celebrate in person. Unfortunately, COVID cases and hospitalizations due to the virus are rising again in many places across the country. Also, the CDC continues...
OSHA published its Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees. Employers must start following the ETS requirements by December 5. However, the testing requirements don’t apply until January 4, 2022. The ETS is extensive,...
Today's Question: We have under 100 employees and are not required to mandate the COVID vaccine. We’re considering doing so anyway, but we’re also interested in other ways of encouraging our employees to get vaccinated. What incentives have been most effective? Answer from Kyle, PHR: Incentives are...
If you have fewer than 100 employees, no federal contracts, and no healthcare workers, these new federal requirements do NOT apply to you. We are actively monitoring for the details of President Biden's COVID action plan. The aspects of this new plan that affect HR and...
Our definition of disability comes from the Americans with Disabilities Act (ADA). According to the ADA, an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such...
Can we ask for proof of vaccination? Isn’t this a HIPAA violation or an illegal inquiry under the ADA or somehow confidential information? Employers can ask for proof of vaccination unless there is a state or local law or order to the contrary.* When an employer is requesting...