Yesterday saw the dawn of my discussion (rant?) about the cleverly titled proposed employment related Acts designed to bring government agencies to your door. Continuing on with this theme, let's explore the Family Medical Leave Act (FMLA) and the proposed FMLA Enhancement Act.
Under current law, FMLA applies to only those employers with 50 or more employees. Not wanting smaller companies to feel left out, the Act has kindly reduced that number to include those employers with 25 or more employees (within a prescribed radius). But what the Act really hopes to enhance is the time an employee spends away from work. How? By allowing for parents and grandparents to take up to 4 hours of unpaid leave (in a 30 day period of time) to attend school and community organization activities, regular medical/dental appointments, and attend to the needs of of an elderly relative. With at least 7 days notice, or as much as is practical.
Like similar balancing, flexible, and remedy Acts being introduced, the FMLA Enhancement Act seems fairly benign, until you apply it to a real life situation. Perhaps one where you have 27 employees, deadlines/production goals to meet, and 6 employees with children/grandchildren in school plays, gymnastics, or needing an urgent teeth cleaning. All on a Friday afternoon. All having given that elusive "practical" notice.
True, the concept behind the FMLA Enhancement Act is harmless enough. However, consider the potential crippling impact it would have on the small business owner, the associated endless paperwork, the possiblity of employee abuse, and the huge pricetag of enforcement. Enhanced headache. Enhanced spending. Enhanced regulation.
Geez, and I here I thought that's what paid time off was for.
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comments (3)Posted Jul 30 2009 5:43 PM by Jill Hawley
If you've had your finger on the pulse of the recent employment related Acts floating around out there, like myself, you might have gotten that warm and fuzzy feeling from some of the titles alone. Afterall, who doesn't want more balance in their life. More flexibility. More free choice. And ultimately, a healthier family. You, yes you, can have all of this too. Just by going to work!
I was beginning to contemplate a return to the 8-5 world of pantyhose, power walks around the parking lot at lunch, and bad smells in the office fridge, when I decided to do a bit of exploration into the meat and potatoes of each Act and what it all means for the small business owner. What I found is that there was no reason to dust off my peep toe pumps afterall. There won't be an office to go to at this rate. Let's take a closer look shall we?
Let's start with The Working Families Flexibility Act. This bill gives employees statutory right to request flexible work terms and conditions including the number of hours the employee is required to work, the times they are required to begin and end their work day, and where they work. Here's how it works: Sally submits a request to her employer to telecommute (work from home) 3 days out of her 5 day work week. Bob, her boss, isn't keen on the idea and feels that the requirements of Sally's position are such that she needs to be in the office. Bob turns Sally down and does so in writing. Sally is not happy and requests that Bob reconsider. Bob is then required, by law, to do so, but doesn't budge. Bob then goes back to Sally and must provide her with the bad news, again, in writing.
A bit of a tedious process? Yes, but certainly not something that will lead to closing the doors for good, right? Oh, I forgot to mention the final chapter in the quest for flexibilty. Our friends at the Department of Labor. See, Sally has one more option after Bob shuts her down. She can file a complaint with the DOL for any violation of the rights granted under the Act and the DOL in turn has the power to investigate and assess civil penalties (cha ching), or award back pay (cha ching), promotion (cha ching), reinstatement, and change the terms or conditions of employment.
While we don't know if at the end of this story Sally is working in her sweats from home, what we do know is that Bob is likely writing checks to the DOL. Big checks.
Posted May 19 2009 2:51 PM by Jill Hawley
Earlier this week, Labor Secretary Hilda Solis asked for even more money to put an additional 500 more full-time Department of Laborer auditors out on the street and knocking at your door. It's no secret that the DOL has been seriously cracking down on wage and hour violations over the past years (think overtime violations). With additional funds, to the tune of $104.5 billion, expect even more pain. Think you're flying under the radar? Consider this story: Several years ago, a disgruntled maintenance mechanic, misclassified as salary exempt, was drowning his sorrows at the local tavern. He was complaining about all the overtime he was working and how tired he was. Not too tired to go home versus sit on a bar stool, but I digress. It just so happens that this gentleman's complaining caught the attention of another bar fly who hapenned to work in the same capacity, but was correctly classified, and receiving overtime. He recommends a visit to the Department of Labor. You see where this is going. Seven beers and three shots later, our guy still remembers to wake up bright and early the next day and make that call. Call=DOL audit=thousands of dollars in unpaid overtime=more money for beer.
Posted Apr 7 2009 8:22 AM by Adam Brand
The HR Answer Blog is a forum for human resources related news and discussions. If you have perused the website of fitzmarkconsulting.com, you already know that I like to keep HR simple and user friendly. While Fitzmark Consulting focuses on small and mid-size business solutions, the HR Answer Blog is there for anyone with a question, comment, or story that is related to human resources.
The author:
Jill Hawley has been toiling in the field of human resources for over a decade and is a Senior Professional in Human Resources (SPHR), President of Fitzmark Consulting, and holds a black belt in employee relations. Prior to finding solutions to your most burning HR issues, Jill spent 9 years, 8 months, and 22 days working in a variety of psychiatric settings which has proven to be instrumental in working in the field of HR.
