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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-08-14T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Continuous, intermittent, and back again - Managing ever-changing FMLA leaves
Eligible employees may take leave under the federal Family and Medical Leave Act (FMLA) on an intermittent or reduced schedule basis when medically needed and for military family qualifying exigencies. This can include time off for their own conditions or those of a spouse, child, or parent. They may also take leave intermittently when employers agree to allow it for bonding with a healthy child.
Sometimes, employees might need continuous FMLA leave, only to be followed by intermittent leave.
If, for example, “Jo Employee” has surgery for a torn rotator cuff. She will likely need a few weeks off to recover. Over time, Jo might be able to work partial days. This means that Jo would take intermittent FMLA leave going forward until she’s fully recovered and able to work her normal schedule.
If, after taking intermittent FMLA leave, Jo reinjured herself, she might need to revert to continuous leave for a while.
Certifications and recertifications
How can employers stay on top of such changes? First, they may ask for an initial certification supporting the need for leave. The certification should give employers enough information to determine whether the employee needs FMLA leave for a qualifying reason.
For medical certifications, it should indicate which part of the FMLA’s definition of a serious health condition is involved. It should also include information on how much leave the employee needs.
Because things can change, employers may ask for recertifications now and then. They may ask for them no more often than every 30 days unless the certification indicates that the minimum duration of the condition is more than 30 days. In that situation, employers must wait until that minimum duration expires before requesting a recertification.
In all cases, employers may request a recertification of a medical condition in six months in conjunction with an employee’s absence (i.e., not just a random request).
Employers don’t have to wait the 30 days, the minimum duration, or six months to ask for a recertification in limited situations. This happens if:
- The employee requests an extension of leave,
- Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications), or
- Employers receive information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification.
Taking Jo’s example, if the initial certification indicated that she needed four weeks of continuous leave, but after three weeks, Jo said she could do some work, employers could ask for a recertification, as something had changed. If, after taking intermittent leave, Jo reinjured herself and went back to needing continuous weeks of FMLA leave, the employer could ask for a recertification.
Key to remember: Life situations seldom work on a straight trajectory. Things change, and so can an employee’s FMLA leave needs. What can start as a continuous leave can change to an intermittent leave, and vice versa. Employers can keep up with such changes using recertifications.
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2025-08-14T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
Beyond the clock: Creating a 24/7 safety mindset
One of the most common challenges safety professionals face isn’t writing policies or developing training programs, it’s keeping employees truly engaged in safety. Ultimately changing their mindset to instinctively consider safety first.
We’ve all seen or maybe even done it ourselves: workers who follow procedures on the job but leave safety behind at the end of the day. Over time, that mindset can lead to a more relaxed attitude toward safety, especially in the workplace. So, how do we change that mindset? How do we make safety a value that workers carry with them at all times—on the job, at home, during their hobbies, and as part of their everyday lives?
Let’s explore how to build a culture where safety isn’t just a rule when clocked in, it’s a way of thinking that goes beyond the workday.
What does safety in the workplace really mean?
At its core, workplace safety is about identifying hazards and minimizing risk. As safety professionals, we’re responsible for:
- Recognizing hazards in the workplace;
- Implementing controls to eliminate or reduce those hazards;
- Ensuring compliance with regulatory standards (OSHA, EPA, NFPA, etc.);
- Developing programs, policies, and procedures; and
- Training employees to understand and apply these safety measures.
These tasks are already challenging. Fortunately, we have regulations, standards, and even technology to guide us. However, the greatest challenge remains the human element.
Building a 24/7 safety culture
You can have the best-written safety program in the world, but if employees don’t buy in, it won’t matter. Some may resist due to personal preferences, misunderstandings, or simply because they don’t see the relevance. That’s where changing the mindset comes in.
To truly engage employees, we need to help them see that safety isn’t just about avoiding injury at work, it’s about protecting themselves for their sake and their loved ones, everywhere they go. When safety becomes personal, it becomes powerful! So how do we make safety stick beyond the workplace?
Make safety personal: Connect workplace hazards to real-life scenarios. For example, proper lifting techniques don’t just prevent back strain in the warehouse, they’re just as important when moving furniture at home.
Involve employees in the process: Invite workers to participate in hazard assessments, safety committees, and solution brainstorming. When they feel ownership, they’re more likely to stay engaged and better prepared to recognize safety issues even outside of work.
Use varied, engaging training methods: Not everyone learns the same way. Mix up your training with hands-on activities, storytelling, videos, and real-life examples to make the content stick. Throw in some stories of at-home incidents as well.
Reinforce safety everywhere: Use signage, toolbox talks, ad hoc conversations, and even recognition programs to keep safety top of mind. Consider extending safety messages to newsletters or social media that reach employees at home .
Workplace safety programs that translate into everyday life
Many workplace safety programs have direct applications outside of work. Here are a few examples:
- Emergency planning – Knowing how to respond in a crisis is just as important at home as it is at work. Similar types of emergencies at work can occur at home, and techniques learned at work can prove valuable at home .
- Fire prevention – Fire safety practices can protect families and homes.
- Hazard communication – Understanding chemical labels and safety data sheets helps identify hazards with household cleaners and DIY projects.
- Ergonomics – Proper posture and workstation setup are important, whether you're sitting at a desk, working at a station, doing household chores, or browsing the internet in your home office.
- Hand tool safety – Using tools at home for repairs or hobbies can be just as dangerous as at work.
- Fall protection and ladder safety – Hanging holiday lights or cleaning gutters require the same safety concepts to prevent falls and stay safe at heights.
Key to remember: Guide employees to internalize safety as a mindset, not just a workplace requirement. When safety becomes second nature, it doesn’t matter whether they’re on the job or off the clock. They’ll think before they act, assess risks instinctively, and protect themselves and others without needing a reminder.
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2025-08-14T05:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierDriver recruiting and retentionFocus AreaIn-Depth ArticleHiring standards - Motor CarrierEnglishDriver recruiting and retentionTransportationUSA
Boomerang employees: Will the decision come back to bite you?
Trucking has a reputation of having a revolving door of drivers, dispatchers, and technicians. Many of these employees leave for greener pastures, only to return to their old employers asking for a job.
But are these “boomerang” employees a wise recruiting decision? Let’s examine the arguments for and against rehiring previous employees.
Pro: Familiarity with the motor carrier
Acclimating a new hire to a corporate culture and learning a new job takes time. For some new employees, the company and/or position isn’t what they expected, so they eventually leave. Invaluable time is lost when a new person doesn’t work out.
But a former employee who is reapplying knows what to expect from the company and what the job entails. Unless the company and/or the job description has gone through major changes since the past employment period, there should be minimal surprises for the returning employee. The onboarding process should take less time, allowing the company to place the former employee into the position sooner than others, resulting in cost savings.
Pro: Access to work records
Former immediate supervisors should be able to recall the boomerang employee’s previous work history, and recruiters should have access to the employee’s performance reviews, exit interview, and so forth. This information will assist in knowing whether this individual is eligible for rehire.
Con: Reasons for leaving
Motor carriers should look at why the employee left the organization.
Was it due to:
- Unresolved grievances?
- Conflicts with coworkers and/or supervisors?
- Greener pastures?
If the reason for leaving still exists or resurfaces, you may see this employee exit once again.
Pro or con: Length away
The longer a former employee has been away from the company, the less likely you can apply past performance to present or future behavior.
Ask yourself:
- When you remember the employee’s performance, is it accurate or tainted by time?
- Has the individual changed? For example, has the time away provided growth, additional experience, and maturity?
Other considerations include a change in:
- Expectations of the position (e.g., knowledge, equipment); and
- Corporate culture (e.g., management, policies, and procedures).
The individual may no longer be a fit — or might be a better fit than before — based on these new factors.
Rehire interviews
Recruiters should not assume that a former employee will pick up where they left off. Boomerang employees should be formally interviewed just like any other applicant. Motor carriers should:
- Examine their skillset, current disposition, and any additional experience during the time away (e.g., new certifications or skills);
- Look for red flags, such as multiple employers over a short period or a poor safety history during the absence; and
- Determine, if possible, why the boomerang employee wants to return. It may not be the enthusiastic return the company had hoped for. For instance, a recent employment may not have worked out, and the former employer is just one option under consideration.
If the employee is rehired, don’t assume they can skip refresher training, especially if the person has been gone a while.
Key to remember: Rehiring former employees can offer some benefits. But each candidate must be taken on a case-by-case basis to determine whether a return is right for both the carrier and employee.
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2025-08-14T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyToxic Substances Control Act - EPAToxic Substances - EPACMV Parts and MaintenanceParts and Accessories - Motor CarrierBusiness planning - Motor CarrierFocus AreaEnglishVehicle maintenanceTransportationBusiness planning - Motor CarrierUSA
New EPA action targets diesel engine derates
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin has announced new action related to sudden speed and power losses caused by diesel exhaust fluid (DEF) systems.
The agency has issued guidance recommending that engine and equipment manufacturers revise DEF system software in existing vehicles and equipment to prevent sudden shutdowns, allowing operators more time to repair faults without impacting productivity or safety.
Background
When DEF runs out or a system sensor fails, current systems can force a vehicle to drastically reduce speed or become inoperable. In some cases, vehicles are limited to as little as five miles per hour within hours of a DEF-related fault, reportedly causing disruptions in logistics, agriculture, and construction.
Although this derate strategy was intended to ensure compliance with EPA’s Tier 4 Emissions Standards, it has led to reports of operational challenges for farmers, truckers, and equipment operators.
Since 2010, most on-road diesel trucks and many types of nonroad equipment (such as tractors and construction machinery) have used selective catalytic reduction (SCR) systems that inject DEF into exhaust streams to reduce nitrous oxide (NOx) emissions.
Starting with model year 2027, EPA requirements state that all new diesel on-road trucks must be engineered to avoid sudden and severe power loss after running out of DEF. For vehicles already in use, EPA’s new guidance addresses software changes that can be made on the existing fleet.
Details of the action
EPA is issuing guidance to manufacturers for how they may modify DEF systems on new and existing diesel vehicles and nonroad equipment to reduce derates that can limit a vehicle’s performance to levels as low as five miles per hour. The agency is recommending that engine and equipment manufacturers follow this guidance and develop software updates that align with the agency’s recommendations.
The agency is not requiring separate regulatory approvals beyond those provided in the EPA guidance document. Please see EPA's Diesel Exhaust Fluid website for more information.
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2025-08-13T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Bill would give employees two hours of paid voting time
On August 5, Representative Nekima Williams introduced a legislative voting package (HR 4908) that included a provision called the Time Off to Vote Act. This act would require employers with 25 or more employees during a calendar year to give them two consecutive hours of paid time off to cast their ballots in federal elections.
Voting bill details
If enacted, the bill would entitle employees to take the time off during any federal election while polls or sites that facilitate voting-related activity are open to:
- Vote,
- Return a ballot in person that they received in the mail, or
- Perform other voting-related activities.
Employers could specify the hours for this leave, potentially aligning it with early voting periods instead of on the day of the election, as applicable under state law.
While employers could choose the hours, they couldn’t count lunch or regular breaks as voting time. Employees, however, could use the two hours consecutively with their lunch or breaks.
Potential challenges
This bill would raise several concerns for businesses:
- Scheduling issues: For many businesses, especially small- to medium-sized enterprises, the requirement to provide paid time off for voting could lead to significant operational disruptions. Coordinating schedules to ensure that all employees can take time off without affecting productivity could be a logistical nightmare.
- Cost increases: The financial burden of paying employees for time not worked adds to the already high costs of running a business. This could be particularly challenging for companies operating on thin margins.
- Leave abuse: There’s a risk that some employees might misuse this provision, taking advantage of the paid time off for other purposes. Employees who abuse their voting time off could lead to a lack of trust and increased monitoring costs for employers.
- State laws: Many states already have laws in place that provide time off for voting. This federal mandate could create redundancy and confusion, especially in states with more generous provisions.
- Fines and penalties: Employers that violate the law could be subject to a civil penalty of up to $10,000 per violation, in addition to any legal costs incurred.
The U.S. Department of Labor would enforce the provision as it does the federal Family and Medical Leave Act.
The leave under this federal provision would not supersede related state laws, meaning if a state’s voting leave benefits are greater, employers would need to comply with the state law since it’s more beneficial to employees.
Currently, the bill is in the initial stages of the legislative process, awaiting committee consideration before moving to the House or Senate, but it has little chance of being enacted.
Key to remember: While this measure has little chance of being enacted, it illustrates that members of Congress continue to show an interest in paid employee leave for assorted reasons.
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2025-08-12T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Cam scam! Employee caught at event while on FMLA
Getting caught on camera doing something you weren’t supposed to be doing can have repercussions. If employees who are on leave under the federal Family and Medical Leave Act (FMLA) are caught on social media or other venues doing what appears to be against their need for leave, they can risk losing their FMLA protections and maybe even their jobs.
Coworkers have been known to tell their supervisors that they’ve seen employees on FMLA leave doing suspicious activities. Supervisors might consider these reports as idle gossip and hesitate to take the information to HR or senior leadership. Employers, however, benefit from hearing about such situations.
Supervisors and employers might also believe that, while employees are on FMLA leave, they may not be disciplined. This isn’t always true.
Investigate
When employers (including supervisors) get wind of a potential FMLA fraud situation, they should dig into it a bit. Employees on FMLA leave aren’t completely untouchable; they may be disciplined for infractions unrelated to the leave. This includes taking FMLA leave for reasons that don’t qualify.
Consider the source
Often, unhappy coworkers are the ones to tell employers if they see employees frolicking under suspicious circumstances. They might be upset because they’re picking up the slack left by employees out on FMLA leave. Employers might, therefore, have to explain that they will look into the matter. After all, the employee could be within their FMLA rights to be at the event. Employers shouldn’t share private information (including medical information) with coworkers.
Review the certification
To help determine if an employee is using FMLA leave fraudulently, employers should carefully review the employee’s FMLA certification to see what the employee’s limitations are. Employees could be able to attend an event and still stay within their restrictions.
Employees with mental health conditions, for example, could benefit from being outside at a park or going for a walk along a trail. An employee on FMLA leave for knee surgery, however, should probably not be surfing or skiing.
Fraud
Employees who fraudulently take FMLA leave aren’t protected by the FMLA's job restoration or maintenance of health benefits provisions. This means employees can be fired for taking leave for a reason that doesn’t qualify, especially if they lie about it.
Key to remember: Employers should carefully investigate reports of employees on FMLA leave behaving suspiciously.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.