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The Department of Labor (Department) is seeking information from the public regarding the regulations implementing the Family and Medical Leave Act of 1993 (FMLA or the Act). The Department is publishing this Request for Information (RFI) to gather information concerning the effectiveness of the current regulations and to aid the Department in its administration of the FMLA. The information provided will help the Department identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law, and employees are informed about their rights and responsibilities in using FMLA leave. The deadline for public feedback is September 12, 2020.
Now that the Department of Labor has issued new FMLA forms and the New Family First Coronavirus Response Act (FFCRA) is in place it is critical for Employers and Leaders to be knowledgeable about the impact and the compliance consequences. Although there are many updates provided by many different resources, it is imperative that Employers and Leaders count on the experts to explain health resources and compliance experts to assist them with the regulations since they are happening and changing daily.
The FFCRA was based on the FMLA with added amendments to accommodate the changes and resources for the COVID-19. It established paid sick leave under certain criteria and an expanded leave to accommodate employees who are unable to work due to school closures.
Moreover, as Employers mistakenly shut down training costs, they are doing a disservice to the company and to their employees. Research has proven that compliance training is the lowest cost/high-value risk management Strategy. Training Leaders have provided a huge resource on how companies can prepare for the transition during and after the COVID-19 Pandemic.
There are so many competing resources that can impact how communication is handled and most of the communication is life-threatening for businesses and employees. Let’s count on the HR and Compliance subject matter experts (SME) to provide the Employers and employees with the necessary communication needed. Most HR professionals are in need of accurate, timely, and relevant information to ensure the continuation of a safe workplace.
Employers need to have guidance from their regulatory agencies on how to handle the pandemic in the workplace. There are several best practices on how to return to work safely and how to handle difficult situations and inquiries by employees to have the confidence to return to work.
When you add the complexities of other new mandatory regulations like leave/paid regulations, reasonable accommodation and currently or soon to be legally effective, the possibility of FMLA overlapping with the American with Disabilities Act (ADA),
This training will teach all attendees the critical information needed to mitigate all the requirements to stay afloat and to communicate effectively to employees to ensure accurate information on health, safety, paid leave and other resources offered to survive this pandemic.
Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for a defense contracting technologies firm, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives like International Privacy Issues, Drafting & Implementing policies, Reviewing and Amending Global Employment Policies, Cross-Border Reductions in Force and Restructurings, Multi-jurisdictional employee investigations, Immigration, Global Diversity Programs, Expatriate Legal Issues and General Data Protection Regulations (GDPR). Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).