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FMLA

FMLA: Treat leave request involving adult children similarly to those involving parents

09/14/2009

Generally, employees aren’t entitled to FMLA leave to care for adult children who suffer from serious health conditions—unless the child is disabled. The test is whether the child suffers from a physical or mental disability that makes self-care impossible.

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

Mistake on FMLA coverage may not sink employer’s case

09/14/2009

Some good news: A federal court has ruled that an employer that mistakenly tells an employee he is covered by the FMLA isn’t bound by that mistake.

Beware discipline for FMLA-related tardiness

09/11/2009

It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Don’t let FMLA request stop legit discipline

09/10/2009

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. Not so. Employers are free to discipline or discharge employees if they can show they would have taken the same action even if the employee never asked for or received FMLA leave.

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

How does disability leave work with the FMLA?

09/10/2009

Q. We have an employee out on a medical leave who is collecting short-term disability benefits. We have also designated the leave as FMLA leave. Our FMLA policy allows us to require the employee to use accumulated paid leave benefits concurrently with FMLA leave. Can we reduce this employee’s paid leave bank for the FMLA time he is taking?

2009 is ‘year of employee benefits’; more in the pipeline for 2010

09/08/2009

Employee benefits have been in the national spotlight right from the start of 2009. From the new FMLA and ADA rules that took effect in January to today’s white-hot health care debate, employers are dealing with important changes and “could-be” changes. Let’s look back at the year in benefits and ahead to what could be coming.

Does the FMLA cover leave after a relative dies?

09/08/2009

The FMLA seems straightforward in theory, but in real life, it’s full of tricky and delicate nuances. For example, what happens upon the death of a relative for whom an employee on FMLA leave has been providing care? How does compassion square with the law’s requirements?