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

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

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

Retirement after FMLA isn't accommodation

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

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

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?

Americans overwhelmingly support paid family and medical leave.

FMLA: Seek more information about relative who needs care

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

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.

One time you don't have to give FMLA notice

If an employee has already taken FMLA leave several times before, do you still have to go through the motions of providing FMLA notice every time the employee calls off?

FMLA: You can require fitness-for-duty proof

It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Paid leave can be adverse employment action

It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

Beware asking for extra 'proof' of FMLA need

Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.

Do your supervisors know their FMLA duties?

Mistakes by front-line managers—usually simple, unforced errors—can lead to costly FMLA liability.

Long absence due to illness? Keep employee apprised of FMLA status

Sometimes it’s obvious that an employee will miss much more work than her available leave can cover. When that happens, provide her with all the necessary notices about how much leave she has used and when it expires.

FMLA doesn't prevent firing for poor performance

Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.
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