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FMLA

Posting FMLA notice helps cut off lawsuits

11/14/2018
Employers that post appropriate FMLA notices alerting workers to their FMLA rights—and train managers on the FMLA—generally get the benefit of the two-year deadline.

Employee doesn’t return after FMLA runs out? OK to fire for violating attendance policy

11/14/2018
If for some reason an employee doesn’t return to work at the end of his FMLA entitlement, then the employer is free to enforce a no-show, voluntary-quit rule based on the absences.

Never bring up relative’s disability when discussing reasons for absenteeism

10/17/2018
Warn New York City supervisors against mentioning possible reasons for absenteeism when disciplining workers for missing work. It can badly misfire, especially if the reason for missed work is taking care of a disabled relative.

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018
While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.

Disability: Beware docking attendance points

10/04/2018
Policies designed to encourage regular attendance often use a point system to determine when employees who miss work will receive discipline. But that simplicity may create legal problems.

Document all requests for disability-related leave

09/24/2018
Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.

4 questions to ask yourself before you call someone on leave

09/23/2018
The wheels of business stop for no one, and when an employee goes out on leave—FMLA or otherwise—it’s surprising how quickly the inconveniences mount. The urge to pick up the phone or dash off a quick email to ask a simple question just to keep the wheels moving is powerful, but pause for a moment before you do it and ask:

DOL releases model FMLA forms good for 3 years

09/04/2018
The Department of Labor has released updated versions of its model FMLA certification and notice forms, carrying a new expiration date of Aug. 31, 2021.

DOL releases new FMLA forms — good for 3 years

09/04/2018
The DOL has released updated versions of its model FMLA certification and notice forms. Employers should begin using the new FMLA forms now.

Minor schedule changes can add up to an FMLA interference claim

08/31/2018
Employees are entitled to reinstatement to an equivalent position when they return from FMLA leave. Any change to the terms and conditions of employment—even a seemingly minor one—may amount to FMLA interference.