Original Date: December 10, 2018
As we approach the end of 2018, the HR department can be a very busy place. Finishing open enrollment processing, working on the holiday party, adjusting the payroll processing schedules because of holidays, performance reviews, finishing training, adjusting compensation levels, etc. The list can go on and on and never end. Below is a brief HR checklist of reminders for 2019:
3 Thoughts on FMLA Leave During the Holiday’s:
- “When a holiday occurs within a week in which an employee takes a full week of FMLA leave, the entire week is counted as FMLA leave.
- If, however, an employee is taking FMLA leave in increments less than one week, the holiday is not counted as FMLA leave—unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.
- Company shutdowns of one or more weeks where employees are not expected to report to work, such as for the Christmas/New Year holiday, a summer vacation, or a plant closing for retooling or repairs, do not count against an employee’s FMLA leave entitlement.”[i]
Along with determining whether company holidays count towards the employee’s FMLA entitlement or if FMLA amounts should be on an intermittent or reduced schedule basis, we should also review requirements under state paid leave laws or state FMLA regulations. State laws will vary on FMLA regulations and requirements, generally more strict than federal guidelines. Over communicate the requirements and expectations to employees that are currently on federal or state leave(s). Written communication is always the best for record keeping and legal defense. If you are confused seek guidance. Consistency between the workforce is the direction we should move as an organization.
Mandatory State Labor Law Poster Changes Effective January 2019
Federal Contractor and NYS changes highlighted in Red Bold.
– Matthew Burr, HR Consultant
[i] https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/Pages/three-points-about-FMLA-during-the-holidays.aspx
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Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR
Matthew Burr has over eleven years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC. Prior to founding the consulting firm, the majority of his career was spent in manufacturing and healthcare. He specializes in labor and employment law, conflict resolution, performance management, labor and employment relations. Matthew has a generalist background in HR and provides strategic HR services to his clients, focusing on small and medium sized organizations. He is a retired Assistant Professor of Business Management from Elmira College, an Adjunct Professor at Alfred State University and Collin College. Matthew is also the SHRM Certification Exam Instructor at the college, his students currently have an 80% pass rate on the SHRM-SCP and 92.3% pass rate on the SHRM-CP. Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College and Penn State University. He also acts as an On-Call Mediator and Fact-Finder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions.
Matthew has publications at the Cornell HR Review, Business Insider, New York State Bar Association, Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!).”
Matthew has an associate's degree in business administration from Tompkins Cortland Community College, a Bachelor of Science degree in business management from Elmira College, a master's degree from the University of Illinois School of Labor and Employment Relations in Human Resources & Industrial Relations and a Master’s in Business Administration specializing in entrepreneurship from Syracuse University. He currently holds a Lean Six Sigma Green Belt, Senior Professional in Human Resources (SPHR), Global Professional in Human Resources (GPHR) and the Society of Human Resource Management Senior Certified Professional (SHRM-SCP) certifications.
Matthew has been featured on CNN Money, Fast Company, Fits Small Business, Magnify Money, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation.
View all posts by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR
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