FMLA

No guarantee of same job after FMLA leave

06/08/2017
You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he entitled to return to his old job? Not necessarily, as long as you can place him in an “equivalent” job with the same benefits and pay.

Teach managers: No complaining about FMLA

06/07/2017
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.

Is that an FMLA need, or just chaos at home?

06/06/2017
Employees who want to take FMLA leave must let their employers know. They don’t have to specifically ask for FMLA leave, but they do have to provide enough information for the employer to understand that the worker or a family member suffers from a serious health condition. Merely describing a chaotic life full of difficult events isn’t enough.

Ensure employee receives notice that FMLA leave is about to expire

05/16/2017
What happens if the employer fails to notify the employee? She may win an FMLA interference lawsuit if she can prove that, had she known, she would have returned to work and could have performed her job.

OK to make some job changes during FMLA

05/16/2017
Ordinarily, an employee taking FMLA leave is entitled to return to the same job or one that’s substantially equivalent. But what if the employee’s job changed while the employee was out on FMLA leave?

ADA retaliation claim doesn't require actual disability

05/10/2017
Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

Termination likely? Follow all the steps in your usual HR processes anyway

05/10/2017
Sometimes it’s obvious that you are going to have to fire an employee. First, however, you must follow your usual employment and HR procedures. Don’t just go through the motions, and don’t get sloppy!

Regulations proposed for New York's new paid family leave program

04/12/2017
The New York State Workers’ Compensation Board has unveiled proposed regulations for the state’s new Paid Family Leave law. It is intended to complement the existing state disability insurance program.

Eliminating job ends employee's FMLA rights

04/12/2017
Ordinarily employers must reinstate employees who take FMLA leave, but that only applies if the job still exists.

Retirement after FMLA isn't accommodation

04/12/2017
What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

Don't let comments about FMLA compromise firing

04/06/2017
If a supervisor has previously made snide remarks about an employee’s use of FMLA leave, make sure he isn’t involved in any subsequent disciplinary action against the employee.

Time spent as temp counts toward FMLA eligibility

04/06/2017
If you make an employment offer to a worker from a temp agency after observing her work for a few months, be sure to count the earlier time towards FMLA eligibility.

Snapshot: Who should receive paid family and medical leave?

03/29/2017
Americans overwhelmingly support paid family and medical leave.

FMLA: Seek more information about relative who needs care

03/15/2017
Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.
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