• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly


Don’t discourage employees from taking FMLA leave!

The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

FMLA and mental health—what you need to know as an employer

Do you have an employee looking to take FMLA for mental health? Following are some tips and guidelines to know when it comes to employees taking FMLA for mental health reasons.

Here’s what happens when your managers don’t follow your written call-out policies

Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies. But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.

Ensure bosses don’t block accommodations

It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Report: Reform intermittent leave to help employers comply with FMLA

A new report by the Bipartisan Policy Center think tank argues that updating the FMLA’s intermittent leave provisions could “significantly improve employers’ experience complying with the law.”

Consider writing FMLA ‘script’ for supervisors

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

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

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’

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

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.