February 2026 |
HR InTouchThe Monthly Newsletter of the Greater Madison Area SHRM |
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In This EditionPresident's Message
Legal Update:Understanding Travel Time Under the FMLA Compensation and Benefits
Professional Development Summit March 17th 2026 Member Roundtables Open for Registration! SHRM Certification Prep Sessions - Spring Summer Sessions 2026 Wisconsin Workplace Policy Conference Human Capital Conference 2026! Save the Date! May 19, 2026
Board Spotlight: Workforce Readiness GMA SHRM Student Scholarship Diversity Observances in February and March
2026-2027 Board of Directors Nominations Now Open GMA SHRM Retiree Membership Welcome New Members! Congratulations to our 1, 5, 10, 15 and 20 year anniversary members!
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Government Affairs & Legal Updates Understanding Travel Time Under the FMLASubmitted by Submitted by Emmerson Mirus, Brian P. Goodman, and Storm Larson, Attorneys at Boardman & Clark LLP, a Platinum Partner
The federal Family and Medical Leave Act (FMLA) gives eligible employees job-protected leave to care for their own serious health condition or to care for an eligible family member with a serious health condition. This leave can be taken continuously or in smaller blocks of time, such as a few hours to attend a medical appointment. The federal Department of Labor (DOL) which enforces the FMLA recently issued guidance which explains that when an employee takes intermittent leave to travel to an appointment, the travel time spent between work and the appointment is also covered under the FMLA. Thus, employers may not penalize an employee who needs to travel--even a significant distance--to attend a medical appointment or take a family member to an appointment.The medical certification that an employee turns in ahead of taking the leave should specifically identify the frequency and duration of the leave so that employers can anticipate when an employee will need to be away from work based on an FMLA-qualifying event. If an employer suspects that an employee is taking detours unrelated to the purpose of the medical leave, an employer may be able to count some of the time as an unapproved absence. The FMLA can raise challenges for even seasoned HR professionals. Following all the technical rules is important. It is equally important to avoid jumping to conclusions when a potential leave appears to be excessive. FMLA fraud is hard to prove. Communicate clearly with the employee and request more information when legally permissible. Denying FMLA or considering termination should be done in consultation with legal counsel. Return to Top
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