FMLA

Ask for recertification of intermittent leave

11/11/2016
Employers that approve intermittent leave requests can request regular recertifications to determine if the need still exists.

Not eligible for FMLA? Don't assess illness

11/10/2016
When a worker requests FMLA leave but isn’t eligible because she hasn’t worked the requisite hours, there’s no need to go further.

Lost certification during FMLA? No right to reinstatement

11/02/2016
Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.

Beware overtime issues when calculating FMLA eligibility

10/17/2016
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

10/12/2016
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

10/12/2016
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

10/12/2016
Regulators see workplace posters as vital, legal documents; and employers who fail to update them may face fines.

Manage return after intermittent FMLA leave

10/06/2016
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?

09/29/2016
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

09/29/2016
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?

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.
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