HR Strategy Group
A Limited Liability Corporation
www.hrstrategygroup.com October 2009

Providing Human Resource Solutions at the Speed of YOUR Business! 

Greetings!

I hope that your Fall is off to a great start and that "back to school" is in full swing for you & yours! 

2009 has been marked with significant changes to family leave policies which significantly affect small businesses.   Following such changes requires an ever-increasing vigilance, and that is why Cheryl Brown, J.D. , our employment law expert, has been following the family leave trends.  In this issue, Cheryl provides an update about Maryland family leave.  For those in other states, please let us know if you have any questions & we'll be glad to provide you with an update, too.

Please let us know how we can we help you with the human resource issues facing your company.   Our business is to provide human resource solutions at the speed of YOUR business! 

To Your Growing Business,
Amy Polefrone, President
HR Strategy Group, LLC
amy@hrstrategygroup.com

P.S.  Please feel free to forward this email to any business colleague that you think may be interested in this information.  Thanks! 
In This Issue
Familiy Leave Laws
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UPDATED MARYLAND LAWS THAT COULD AFFECT YOUR BUSINESS:  Legislature Recently Clarifies Provisions of the Maryland Flexible Leave Act
by Cheryl U. Brown, J.D.

 
The Maryland legislature during its 2009 session passed Senate Bill 562 clarifying key provisions of the Maryland Flexible Leave Act that should help small businesses in processing requests for leave under the statute.
 
The Maryland Flexible Leave Act (MFLA) became effective October 1, 2008.  MFLA states that Maryland businesses employing 15 or more employees must allow their employees to use any form of accrued leave with pay to care for an immediate family member who is ill.  The law is limited to employers that provide leave with pay to their employees.  Employers who do not provide paid leave as an employee benefit are not required to implement paid leave programs to comply with the law. 
 
Maryland Flexible Leave Act Defined
 
SB 562 states that an employer must have 15 or more employees, who are primarily employed in the state for "each working day in each of 20 or more calendar weeks in the current or preceding calendar year."  In other words, MFLA does not apply to employers that only have 15 or more employees for brief seasonal periods.
 
"Immediate Family" was defined as including child, spouse and parent.  The legislature has adopted the definitions for both "child" and "parent" from the federal Family Medical Leave Act.  "Child" refers to an adopted, biological, foster child, step child or legal ward under the age of 18 or at least 18 and incapable of caring for himself because of a mental or physical disability.  Similarly, "parent" refers to as an adoptive, biological or foster parent, a step-parent, a legal guardian or person in loco parentis.
 
 "Leave with pay" has been defined as time away from work for which an employee receives compensation, such as sick leave, vacation time, paid time off or other compensatory time off. The Act expressly excludesfrom "leave with pay" benefits provided under ERISA plans, insurance benefits (including self-insured plans), workers' compensation benefits, unemployment compensation and disability benefits.  
 
An employee may only use leave with pay that has been earned.  Employees who earn more than one type of leave with pay my elect the type and amount of leave with pay to be used.  Employees are required to comply with the terms of any collective bargaining agreement or employment policy.
 
Finally, the MFLA prohibits employers from discriminating against any employee who exercises his or her rights under the Act, or who complains about any violations of the Act or participates in an investigation or legal action arising out of such complaints.  The Act does not affect any leave granted under the federal Family Medical Leave Act.
 
 
What Employers Should Do
In light of the MFLA, Maryland employers with 15 or more employees should take the following steps to ensure compliance with the newly-amended MFLA:
  • Review all leave, attendance and related policies to ensure compliance with the MFLA, and make revisions where necessary.
  • Modify leave and attendance tracking systems to properly record MFLA leave.
  • Consider updating forms and procedures relating to notice, call-in procedures, verification and certification of leave, in order to curb potential abuses of MFLA. 
  • Assess whether to count MFLA absences as an "occurrence" under "no fault" attendance policies, where such policies exist.
  • Issuing a memorandum to supervisors, or conducting training, to ensure that supervisors understand the protections of the MFLA and extend those protections to their employees.
 
 
Please let us hear from you:  Are you doing any innovative in your workplace surrounding Family Leave Practices? 
We'd love to share "Best Practices" amongst our clients (confidentially, of course). 
 
We can assist you and help you navigate through issues such as family leave laws, helping you to properly communicate and manage this difficult subject.  We are glad to serve as your "On-Call HR Advisor" to help you if and if a family leave issue concerns you.  Please see our coupon at the bottom of this email about a Family Leave Policy Review (regardless of what state you operate in!).

Please call us at 410-505-8723 to discuss any of the HR concerns. 
About Us
HR Strategy Group, LLC provides management and HR advice to business owners and key decision makers.  HR Strategy Group, LLC is led by Amy Polefrone, MPA, SPHR, an experienced leader in management and human resources consulting. Amy and her team of consultants have extensive experience working with clients in government, telecommunications, insurance, education and other small businesses. 

In addition to our expert consultants, we maintain strategic relationships with other companies who strive to make business better in all sectors.  Partner firms include:   I.T. & networking firms, employment &  business law firms, financial advisory services, employee benefits brokers, accountants, payroll companies, public relations firms, and business consultants.  If we cannot help you, then we can refer you to the the right team to help you grow your business.

We truly are excited and look forward to helping you grow the people side of your business. How can we help you today?  Call Amy Polefrone at 410-505-8723 or email amy@hrstrategygroup.com to get started TODAY! 
Family Leave
Policy Review
Have HR Strategy Group, LLC review your state and federal Family Leave Policies to ensure that your policies are in compliance with state and federal leave requirements.  We will discuss the leave requirements in your state  (up to a 1 hour no charge consultation).  Value:  $150.00.  
Offer Expires: November 30, 2009