FMLA

Pregnant Workers Fairness Act final regulations go into effect June 18

04/19/2024

The EEOC has issued the long-awaited final regulations implementing the Pregnant Workers Fairness Act. The regs are scheduled to be published today in the Federal Register, and will become effective in 60 days, on June 18, 2024.

Who qualifies as ‘family’ for FMLA purposes? It could be anyone

04/05/2024

The FMLA allows employees to take up to 12 unpaid weeks of job-protected leave when they’re needed to care for a close family member such as a child or parent. The eligibility criteria seem simple. Surely a child is one’s offspring and a parent is one’s biological or adoptive mom or dad. Using a Latin phrase—in loco parentis—the DOL says almost anyone can be a close family member under the right circumstances.

Think twice before firing an employee for FMLA abuse

03/20/2024

An employee on FMLA leave for their own serious health condition can’t work for you. This doesn’t consign them to sitting at home until their leave is up, however. A federal trial court ruled that an employee on FMLA leave could have her day in court after she was fired for chaperoning her son’s senior trip to Jamaica.

Accommodating staff with anxiety disorders

03/13/2024

The psychological condition known as anxiety disorder is characterized by feelings of worry or fear that are strong enough to interfere with one’s daily activities. It comes in several varieties, including generalized anxiety disorder that has no specific focus and social anxiety disorder, which is triggered by social interactions.

Double-dip: Beware this new employee lawsuit tactic

03/04/2024

The EEOC complaint process gives employers a chance to investigate allegations and resolve the problem if possible. It also allows the opportunity to see what evidence the employee has and seek a settlement if the facts warrant it. But some aggressive plaintiffs’ attorneys have adopted a new litigation tactic—simultaneously filing both an EEOC complaint and a separate federal lawsuit alleging other related claims.

Pregnant Workers Fairness Act adds intermittent-leave challenges

02/23/2024

The PWFA lets pregnant employees take a new, albeit informal, form of intermittent leave—and it doesn’t always require a health-care provider’s certification. The PWFA requires pregnancy-related conditions to be reasonably accommodated. Many such conditions mean employees may miss work with little or no notice.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024

The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

Develop a process for extending FMLA leave

01/26/2024

Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

Help employees who are experiencing infertility and pregnancy loss

12/19/2023

There’s a good chance at least some of your employees may need accommodations as well as leave as they attempt to conceive, remain pregnant or deliver a child.

Count FMLA leave during the holidays the right way

11/21/2023

Dec. 24 and 31 fall on Sundays this year. Some employers may give employees the two preceding Fridays off, to show their appreciation for a job well done. Other employers may close for the holiday week. These closures can complicate the calculation of employees’ FMLA leave.