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FMLA

After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?

09/22/2010
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job … Can we send him to another physician for a second fitness-for-duty examination?

FMLA leave OK for pregnant worker who can’t do her job

09/21/2010
Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

It’s not just doctor’s FMLA call anymore: Court allows worker’s say on health condition

09/21/2010
Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.

Late FMLA notice: When must you cut slack?

09/21/2010
Last year’s FMLA regulations gave employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances.

Must we pay premium during unpaid leave?

09/17/2010
Q. I am a small employer with a group medical plan. If an employee takes an approved unpaid leave of absence, am I required to continue my premium subsidy during the unpaid leave? We have 22 employees and aren’t required to comply with FMLA.

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

Caution government supervisors: You could be personally liable for FMLA violations

09/16/2010
Supervisors and managers who work for private employers have long been held personally liable for FMLA violations in which they participate. Now supervisors and managers who work for government agencies are also liable.

Durbin wants to codify FMLA’s redefinition of family

09/16/2010
U.S. Sen. Dick Durbin (D-Illinois) has introduced legislation to formally expand the definition of “family” under the FMLA to include “a same-sex spouse, domestic partner, parent-in-law, adult child, sibling or grandparent.”

Get ready for more changes as the DOL launches a study of how employees use the FMLA

09/14/2010
The Obama administration DOL has already implemented some FMLA regulatory changes, and a new study indicates that more changes may be on the way.

Sued for counting FMLA against fired worker? Prove you planned to discharge anyway

09/08/2010
If you’re deciding whether to fire an employee for attendance problems (under a no-fault attendance policy, for example), you must make sure you aren’t counting FMLA leave against her. However, all is not lost if you accidentally add in an FMLA absence—as long as you can show you still would have fired the employee because of other attendance problems.