FMLA

FMLA leave to pitch in with newborn grandchild's care?

04/16/2014
Q. An employee would like to use FMLA time to spend with her daughter after her grandchild is born later this year. There are no expected complications post-birth, but the new mom will need much assistance. Would this qualify for FMLA leave?

Develop a process for extending FMLA leave

04/08/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request for extra time can make the difference between winning and losing a discrimination lawsuit.

What are the rules for intermittent FMLA leave?

04/07/2014
Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?

Obama's 2015 budget: Less for DOL, but more for EEOC enforcement

04/02/2014
The Obama administration’s proposed 2015 budget calls for a slight reduction in federal funding for the U.S. Department of Labor but bigger bucks for the EEOC.

Can an HR professional have personal liability for employment decisions?

03/31/2014
Q. As an HR professional, do I have personal liability for my participation in employment decisions?

Employee doesn't want FMLA leave? Court says you can't force the issue

03/27/2014

When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Out on FMLA: How much contact can we have?

03/27/2014
Q. What are the employer’s rights in contacting employees during their FMLA leave? Can we ask how they are doing? Can we expect they will stay at home recuperating in accordance with the doctor’s direction?

When can you fire someone on FMLA leave?

03/17/2014

An eligible employee receives up to 12 weeks job-protected leave for a covered reason whether the employer likes it or not. But that doesn’t mean that the employee can never be fired while on leave—as long as you would have done so even if she hadn’t taken FMLA leave.

EEOC settles GINA discrimination lawsuit with N.Y. employer

03/13/2014

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

Leave in Las Vegas: Does vacation with dying mom count as FMLA time?

03/13/2014
Beverly was the sole caregiver for her mother, who was diagnosed with end-stage heart failure. A charitable group for terminally ill people gave her mother a six-day trip to Las Vegas. Beverly requested FMLA leave to join her mom, but her employer said “no.” Beverly went anyway, and then was terminated for unauthorized absences. She sued, saying that trip should be eligible for FMLA leave ...

Light-duty assignments and the Pregnancy Discrimination Act

03/07/2014
Sometimes, it may be appropriate to offer light-duty assignments to pregnant employees. However, there’s a right way and a wrong way to handle those accommodations.

Must we offer FMLA if person can no longer do the job?

03/07/2014
Q. One of our truck drivers just had a bypass operation and now has a defibrillator, which means, according to the DOT, he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work?

Let injured worker stay on leave until fully healed

03/06/2014
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014
Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Serial FMLA requests? Respond to every one

02/28/2014
Some employees seem to believe that every minor illness is grounds for FMLA leave. If it’s clear an absence is for an illness not covered by the FMLA, say so. That way, an employee can’t later argue that he was unfairly denied leave when you include the absence in the disciplinary process.
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