FMLA

Don’t be an FMLA mind reader; demand notice

12/08/2009

Employees may think that just calling in sick is enough to put their employers on notice that they need FMLA leave. That’s simply not the case. Until recently, at least one federal appeals court had told employers they had to consider an employee’s unusual behavior as “constructive notice” of the need for FMLA leave. Now the DOL has eliminated the regulation on which the court relied.

Tell those on FMLA leave: No working from home

12/08/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. Interference can include things like requiring employees to perform work during their leave. That’s why it’s important to make arrangements for getting work done without requiring assistance from the employee on leave.

Check union contract when tallying FMLA leave, workers’ comp absenteeism

12/03/2009

Many union contracts specifically allow employers to terminate employees who are out on workers’ comp for extended periods of time. Of course, injured employees also use up their allotment of FMLA leave while on workers’ comp leave. The question then becomes whether employers can count the FMLA absences toward the number of days the employee is absent before termination.

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.

Can employees on FMLA leave attend the holiday party?

12/01/2009

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to?

Is paid ‘paternity leave’ required?

11/24/2009

Q. I run a small company with fewer than 50 employees. I was recently approached by a male employee requesting “paternity leave.” Must I provide him paid or unpaid leave upon the birth of his newborn child?

Why is workers’ comp telling us when our employee’s FMLA leave should start?

11/20/2009

Q. An employee took FMLA leave Sept. 1 because of job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open indefinitely for her?

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

Intermittent leave no excuse for shoddy work

11/13/2009

When an employee is out on FMLA leave, employers have to be careful about balancing their need for full staffing so they can get the work done and the worker’s right to take leave. If missed work poses a problem, the best approach is to focus on specific work deficiencies that aren’t related to FMLA-protected absences.

Must we provide extended leave for employee to care for son wounded in the line of duty?

11/11/2009

Q. One of our employees has requested medical leave to care for her 35-year-old son who was injured in combat duty. The employee indicated that she will probably need more than 12 weeks of leave. Do we have to give her more than 12 weeks of leave?