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FMLA

Consider writing FMLA ‘script’ for supervisors

06/16/2022
The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

New DOL guidance on FMLA, mental health

06/16/2022
According to the Centers for Disease Control and Prevention, about 20% of Americans will experience mental illness in a given year. That alarming statistic prompted the Department of Labor to issue new guidance on the interplay between FMLA and mental health issues.

Investigate suspected FMLA intermittent leave abuse

05/12/2022
Dishonest employees often abuse their right to take intermittent FMLA leave. Fortunately, courts grant employers broad leeway to investigate suspicious absences.

FMLA ending? Prepare to offer ‘ADA leave’

05/05/2022
Employers are required to reinstate workers who are ready to return from FMLA leave. Often, that’s contingent on a health care professional’s assessment that the employee is well enough to perform his or her job duties. But what if the employee can’t pass a fitness-for-duty exam?

DOL raises penalties for 2022

02/15/2022
The Department of Labor has announced the 2022 inflation adjustments to penalties for violations of the Fair Labor Standards Act, the FMLA and the Employee Retirement Income Security Act.

Beware discipline for work not done during FMLA leave

02/10/2022
When employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.

Intermittent leave abuse? Demand new cert

01/13/2022
Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

Beware firing during employee’s FMLA leave

12/22/2021
Generally, employers are free to punish or terminate workers even while on job-protected leave like FMLA if they discover during that time away that the employee wasn’t doing his job. But there’s a caveat. You must be able to show the court that you would have done the same thing if the employee hadn’t taken leave

When can FMLA be taken for care of sibling?

12/16/2021
The FMLA typically allows eligible workers to take up to 12 weeks of job-protected unpaid leave to care for the serious illness of a son or daughter. But it’s not just biological or adoptive parents who can qualify.

No need to tell employee why she was fired

11/29/2021
When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.