Beware overtime issues when calculating FMLA eligibility

When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.

Return from FMLA leave: Spell out requirements for fitness-for-duty certification in advance

If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.

Beware close timing between FMLA and firing

Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

It's time to update three workplace posters

Regulators see workplace posters as vital, legal documents; and employers who fail to update them may face fines.

Manage return after intermittent FMLA leave

When an approved period of intermittent FMLA leave is coming to an end, it’s up to employers to ensure that the transition back to regular work goes smoothly.

Must we grant time off for drug rehab in Texas?

Q. An employee recently tested positive for drugs during a random drug screening that we periodically administer to ensure that our employees are able to safely operate our systems. The employee admitted that he regularly used drugs, and would like to take several weeks off to participate in a rehabilitation program. Does Texas law require us to grant him time off?

DOL issues revised, more reader-friendly FMLA poster

The U.S. Department of Labor has updated its FMLA poster to be more easily read by employees.

Do colds and the flu qualify for FMLA leave?

As it does every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

Firing OK for cheating discovered during FMLA

Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

The right way to collect proof of FMLA need

To help you decide whether an illness or injury rises to the level of a serious condition that triggers the need for FMLA leave, you can require employees to provide FMLA medical certification. But what happens if employees use that initial FMLA certification to take intermittent leave in a suspicious pattern?

Less than 50 workers? Stay silent on FMLA

Only employers with 50 or more employees within a 75-mile radius must offer job-protected FMLA leave to their employees. If your organization is below that limit, make sure not to mention it in your employee handbook or benefits materials.

OK to ask worker to finish simple tasks during FMLA

Need to contact an employee out on FMLA leave about pressing business matters like incomplete work or file locations? That’s perfectly fine. Courts recognize that employers may need information the employee has.

FMLA leave and evidence acquired after the fact

Document your reason for firing an employee who is out on FMLA leave.

Yes, you can punish fraudulent FMLA leave

If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.

Do we have leave obligations to help a potential victim of domestic violence?

Q. One of our employees may be a victim of family violence. What are our legal obligations to provide leave for family violence victims under Texas and federal law?
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