FMLA

How to collect medical info under the FMLA rules

04/07/2016
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider.

What's an FMLA 'serious health condition'?

04/06/2016
First things first when determining how to handle a request for FMLA leave: Does the employee (or a loved one) have a “serious health condition” that qualifies for FMLA leave?

Can we require employees to provide advance notice that they will need FMLA leave?

04/01/2016
Q. One of our employees notified us that he will need to take leave under the FMLA. Can we require employees to give us more advance notice?

Employee can't fully return from FMLA? Explore accommodations before firing

03/29/2016
Some employees who need to take FMLA leave may be newly disabled or suffer from serious health conditions that develop into disabilities. If they are not fully healed, they may not be able to obtain a doctor’s clearance to return to work.

Explore light-duty jobs for pregnant employees

03/29/2016
Recent EEOC guidance makes it clear that employers that provide light-duty for employees with medical limitations must do so for pregnant workers, too.

FMLA reveals poor performance? Discipline

03/19/2016
Sometimes, it takes an absence to discover that an employee wasn’t doing her job well. But some HR professionals and supervisors fear disciplining a worker if they discover the poor performance while she is on FMLA leave.

It's perfectly legal to ask for FMLA documentation

03/11/2016
Don’t be afraid to ask employees for documentation showing that they qualify for FMLA leave. Unless you are actively harassing the worker about taking leave, asking for certification or more information doesn’t interfere with his FMLA rights.

FMLA 'serious' health conditions: Who decides and how?

03/10/2016
One of the trickiest parts of administering FMLA benefits is figuring out whether an employee’s health condition qualifies for leave. Who makes that decision … and how? Follow these steps to verify and certify an employee’s right to FMLA leave.

Not ready for work after FMLA expires? Consider more leave as ADA accommodation

03/09/2016
Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.

FMLA retaliation requires 'but for' proof

03/09/2016
Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

DOL initiating more FMLA enforcement

03/07/2016
You don’t have to be sued to lose an FMLA case.

Can you ban workers from moonlighting during FMLA leave?

03/03/2016
It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.

Postpone discipline while awaiting FMLA certification

02/10/2016
It can take a long time to process an FMLA request, especially if the employee doesn’t promptly respond to demands to provide medical certification of the need for leave.

FMLA case: Your hands could be tied for years

02/04/2016
A federal court has issued an injunction preventing an employer from firing a worker seeking to take FMLA leave until the litigation ends. That could take years.

Feds target no-fault attendance

01/08/2016

No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. But the FMLA and ADA require employers to know why an employee was absent, so the “hear no evil” approach can't work.

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