FMLA

Do colds and the flu qualify for FMLA leave?

09/15/2016
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

09/15/2016
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

08/22/2016
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

08/22/2016
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

08/18/2016
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

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

Yes, you can punish fraudulent FMLA leave

08/14/2016
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?

08/11/2016
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?

Worker returning from FMLA leave? You can refuse to reinstate

08/11/2016
Under the law, an employee who takes FMLA leave is entitled to return to the same, or an equivalent, position he or she held when leave started. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.

Patience pays off when handling absenteeism

08/11/2016
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.

Back-to-school: How to manage leave requests

08/10/2016
The start of each school year brings new responsibilities that pull employees away from work. You may try to be flexible with your parent-workers, but how far you have to bend depends in large part on whether employees are nonexempt or exempt under the Fair Labor Standards Act and state short-term leave laws.

It's OK to address earlier performance problems after employee returns from FMLA leave

08/09/2016
Employees who take FMLA leave sometimes think their supervisors aren’t allowed to criticize any performance deficiencies that occurred before the leave began. That’s just not true.

Manage intermittent leave with calendar-year method

08/04/2016

Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Make sure FMLA paperwork arrives promptly

07/07/2016
Good HR practices rely on complete and accurate documentation. That’s especially true when it comes to FMLA administration, where noncompliance with notice requirements spurs plenty of lawsuits.

No need to offer indefinite leave as disability accommodation

07/06/2016
Sometimes, all a disabled employee needs in order to return to her job is a little bit of additional leave. But there needs to be some sort of estimated return date.
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