Employees don’t always know to ask specifically for FMLA leave. Some may not even know they are entitled to time off for a serious health condition. But that doesn’t mean you can ignore the obvious and discipline a worker for missing work when it’s clear he or she may be entitled to FMLA leave.

Sometimes, an employee’s absence may show you that she isn’t as good at her job as you thought. If that’s the case for an employee out on FMLA leave, you can terminate her—as long as you carefully document the reasons and are prepared to show that you would have terminated her even if she hadn’t taken leave.

In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the DOL.

The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.

Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

It’s OK to fire someone whose medical problems clearly don’t qualify as a serious health condition under the FMLA.

Pushed to do more with less, many employers are asking employees to work longer hours. That can cause workers to lose sleep and may even result in diagnoses of insomnia. But not everyone who is sleep deprived and takes medication to sleep is disabled and entitled to reasonable accommodations, such as a shorter workday.

It can be frustrating to deal with an employee who has constant attendance problems. But if that employee has a serious health condition entitling him to FMLA leave, there’s really nothing you can do, no matter how inconvenient and disruptive his absences are.

To be personally liable under the FMLA, a manager must “exercise supervisory authority over the employee” who is seeking FMLA leave, and he or she must “be responsible in whole or in part for the alleged violation.” Anyone with the power to hire or fire likely qualifies.

Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who's out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.

Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

The DOL's FY2014 budget request reveals plans to greatly step up enforcement of the FLSA, the FMLA and workplace safety laws—and a looming crackdown on independent contractor misclassification.

Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essen­­tial job functions. The employer then can choose which accommodation it prefers.