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FMLA

The top 10 FMLA mistakes that regularly trip up employers

06/27/2018
Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.

Texas Supreme Court: FMLA leave doesn’t bar unemployment

06/27/2018
The Texas Supreme Court has decided someone on unpaid FMLA leave may be eligible for unemployment benefits.

Absences may disqualify disabled employee

06/26/2018
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Deny FMLA if clarification request goes unanswered

06/14/2018
You can require employees seeking FMLA leave to have their health care provider submit a certification form estimating how long the medical condition will last. If that or any other part of the certification is left blank, the employer can request clarification.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.

Ensure employees know about intermittent leave

06/14/2018
Not every employee who needs FMLA leave has to take a continuous block of time off. They may need short amounts of leave to go to medical appointments, check in for brief hospital treatments or deal with flare-ups of their medical conditions. That’s what FMLA intermittent leave is for.

OK to offer option to work during FMLA leave

06/07/2018
You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a condition of continued employment.

Too small for FMLA to apply? Don’t count on it

06/07/2018
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.