What do people and businesses have in common? For starters, no two are alike. Just like individuals have their own personal challenges, likes, dislikes and personality traits, so too do organizations. Each has its own challenges, profit centers, strengths and weaknesses. It is for that reason that when a company is looking for a business solution – in any discipline – it is crucial to receive a customized program that matches their unique needs.

The U.S. Department of Labor (DOL) on June 22, 2010, clarified the definition of “son and daughter” under the Family and Medical Leave Act (FMLA) to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship. The DOL interpretation applies to non-traditional families, including unmarried partners and families in the lesbian-gay-bisexual-transgender (LGBT) community.

The FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for a child, spouse or parent or for themselves. The law also lets employees take time off for the adoption or the birth of a child. The administrator interpretation issued by Nancy J. Leppink, deputy administrator of the DOL’s Wage and Hour Division, clarifies that these rights extend to the various parenting relationships that exist in today’s world.

The interpretation provides that “employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FMLA leave.” It added that the fact that a child has both a mother and father would not prevent a finding that a child is the “son or daughter” of an employee who lacks a biological or legal relationship with the child. “Neither the statute nor the regulations restrict the number of parents a child may have under the FMLA,” Leppink wrote. “For example, where a child’s biological parents divorce, and each parent remarries, the child will be the ‘son or daughter’ of both the biological parents and the stepparents, and all four adults would have equal rights to take FMLA leave to care for the child.”

Leppink added that when an employer has questions about whether an employee’s relationship to a child is covered by the FMLA, the employer may require an employee to provide reasonable documentation or statement of the family relationship. “A simple statement asserting that the requisite family relationship exists is all that is needed in situations such as in loco parentis where there is no legal or biological relationship.”

“No one who loves and nurtures a child day in and day out should be unable to care for that child when he or she falls ill,” said Secretary of Labor Hilda L. Solis in a statement. “No one who steps in to parent a child when that child’s biological parents are absent or incapacitated should be denied leave by an employer because he or she is not the legal guardian. No one who intends to raise a child should be denied the opportunity to be present when that child is born simply because the state or an employer fails to recognize his or her relationship with the biological parent. These are just a few of many possible scenarios. The Labor Department’s action today sends a clear message to workers and employers alike: All families, including LGBT families, are protected by the FMLA.”

As the interpretation makes clear, an uncle who is caring for his young niece and nephew when their single parent has been called to active military duty may exercise his right to family leave. Likewise, a grandmother who assumes responsibility for her sick grandchild when her own child is debilitated will be able to seek family and medical leave from her employer. And an employee who intends to share in the parenting of a child with his or her same-sex partner will be able to exercise the right to FMLA leave to bond with that child.

“This is a critical step in ensuring that children have the support and care they need from the persons who have assumed that responsibility,” Leppink said. “Nothing in the statute or regulations suggests that we should restrict the rights of various individuals who take on that very important role.”

Robin Shea, an attorney with Constangy, Brooks & Smith in Winston-Salem, N.C., said that the application of the FMLA to same-sex partners actings as parents “should be no surprise.” She said that the interpretation to some extent was “nothing more than a restatement of long-existing FMLA law.” But she said that “the DOL interpretation also says that a child can have an unlimited number of ‘parents’ for FMLA purposes, which arguably exceeds the spirit of the FMLA if not the letter.”

Source: Allen Smith, J.D., www.shrm.org

Guest Post By Beth Schneider, http://processprodigy.com/

I used to have a recurring nightmare. I would find myself sitting in a high school classroom. I’d be chatting it up with friends I hadn’t seen in a while when suddenly the teacher would announce it was time to take the final exam. Suddenly I would remember that I hadn’t been in class all semester. My hands would start to sweat as I had no idea how to answer any of the questions and surely I was going to fail. I’d wake up in a panicky, nervous sweat because I didn’t know what to do.

Whether your team is made up of employees or independent contractors if you find yourself barking orders, giving partial instructions or simply ignoring them for long periods of time you are probably making them feel like I did from that nightmare.

But even if your team members aren’t breaking out in hives or taking medication for stress control, there are some key things you can do to make sure everyone on your team performs like the superstar you know they are.

Focus on What Went Right. For some reason it always seems easier to point out (and harp on) the things that went wrong. I’m not saying you should ignore mistakes, but you also need to remember the flip side. Point out the good stuff that happens. When someone does a good job, say thank you and tell them you are appreciative of a job well done. Let them know you’ve taken notice of the things they’ve done, especially when they go above and beyond. You like it when someone compliments your work right? So why wouldn’t your team be the same. Praise and acknowledge good work on a regular basis.

Have a “No Surprise” policy. Keep everyone on the same page by having regular team meetings. Share the current goals, the projects in the works and the high priorities with everyone at the same time. Then let everyone chime in with their ideas and what support they need from other team members to achieve the goals. Communication, buy in and participation all in one fell swoop.

Give Clear Directions. Be specific about what you need accomplished. Here’s a simple example, if you say to someone, “please pick me up some lunch,” who knows what you will get; soup, pizza, a hamburger, a salad. The choices are endless. Instead, be specific about what you want. Say something like, “please go the deli down the street and pick me up a corn beef on rye with extra mustard.” See the difference. You are more likely to get what you want if you ask for it.

Give Everyone a Little Personal Time. Have a one-on-one check in with each team member. Book 15 to 60 minutes each week to check their progress, give new assignments and answer any questions. It gives you the opportunity to work through all the tasks and projects at one time, which will save you time while showing them that you are approachable.

Acknowledgement, communication, clarity and approachability are the keys to building your own superstar team.

About our guest aurthor: Beth Schneider, President and CEO of Process Prodigy, is a highly sought after, internationally known Systems expert. Beth works with small business owners, showing them how to squeeze 2 to 3 times the results from their existing business so they can work less, make more money and create Outrageously Effective Systems in their businesses. Her client list reads like a Who’s Who of the small business world because of the results produced by her work. Process Prodigy clients have seen remarkable growth; often adding 6-figures or more to their bottom line and increasing productivity by as much as 600%.