HR Tips

FMLA news

Free resource for all 2024 decisions

Every spring, the American Bar Association publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. It's an excellent resource for HR professionals. Here's the annual report of all FMLA decisions issued for the 12 months ending October 31, 2024.

FMLA investigations broadening to include FLSA

In a recent blog, East Coast Risk Management, a member of the Institute of WorkComp Professionals, reported the Department of Labor (DOL) appears to be broadening the scope of its Family and Medical Leave Act (FMLA) investigations to include elements of Fair Labor Standards Act (FLSA) compliance. According to recent reports, DOL investigators more often request additional information from employers - even when the original complaint solely concerns FMLA leave. There's a growing interest in identifying potential FLSA violations that may be linked to FMLA leave usage, and this dual scrutiny could expose wage and hour compliance issues that are unrelated to the original complaint.

To reduce the risks of violations, Keystone recommends training managers on FMLA compliance, confirming that payroll systems and procedures align with FLSA requirements, particularly regarding FMLA-related leave and pay calculations, keeping detailed and organized records of time worked, pay rates, and any FMLA leave taken to provide clear documentation, and regularly auditing employment practices.

Workers Compensation Medicare Set-Aside reminder

A new reporting change to TPOC/WCMSA takes effect on April 4, 2025. The existing Section 111 reporting process is expanding to capture WCMSA data for all workers' compensation settlements involving Medicare beneficiaries, regardless of the settlement amount.

This reporting applies even when no WCMSA is included as part of the settlement. In this instance, a $0 WCMSA value must be reported. The change applies to TPOC settlements with a date on or after April 4, 2025.