FMLA

Discover work mistakes during FMLA? Here’s what to do

06/23/2025

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Late paperwork subject to reasonable accommodation

06/09/2025

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

House legislation would expand paid family leave

05/19/2025

A bipartisan group of members of Congress have introduced two pieces of legislation that would expand access to paid family leave. The product of two years of work by the House Paid Family Leave Working Group, the twin initiatives would facilitate federal support of state programs.

Cure intermittent leave headaches by relying on FMLA certification

05/05/2025

Unfortunately, intermittent FMLA leave is easy for employees to abuse. Fortunately, the FMLA certification documentation that employees must provide is the key to easing the HR headaches that intermittent leave often causes.

Never require work during military FMLA leave

03/24/2025

Employers may be tempted to push back against employees’ FMLA military caregiver leave rights, asking them to continue working when they can despite caring for their military family members. That’s an FMLA-interference lawsuit waiting to happen.

Employer’s ‘honest belief’ is enough for FMLA defense

03/19/2025

You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

Court orders trial in abortion discharge case

03/13/2025

The Pregnant Workers Fairness Act bans retaliation for exercising rights under the law, including receiving medical care related to pregnancy.

Heed DOL opinion letter to coordinate federal FMLA with state and local requirements

02/20/2025

The letter acknowledges that under the FMLA, employees can elect to use accrued vacation, sick and workers’ comp leave for unpaid FMLA leave, and employers can require it. This substitution runs concurrent with FMLA leave until the entitlement is used up.

Your own assets are at risk! You could be liable for FMLA mistakes

02/18/2025

A federal court has decided that employees like HR professionals and supervisors can sometimes be held personally liable for FMLA violations. That means their assets can be seized to pay damages.

Can’t accommodate with time off? Hire a replacement

02/12/2025

The ADA requires employers to provide reasonable accommodations, including time off, for a disabled worker unless the accommodation creates an undue hardship. But how much time off is a hardship?