FMLA

No FMLA? Consider time off as ADA accommodation

07/08/2021

When an employee is ill but has no leave available, supervisors often tell them they must show up for work or else be fired. But firing her could be a huge mistake. She might have a disability that could be reasonably accommodated by offering unpaid leave.

Prepare to accommodate covid after-effects

06/24/2021

Most people recover from covid-19 within a few weeks. However, reasonably large numbers of people who had the disease experience after-effects that may interfere with their ability to work. As a result, employers can expect to see more requests for ADA reasonable accommodations and FMLA intermittent leave.

Do your obligations follow digital nomads?

06/17/2021

Many employees who worked remotely through the pandemic will soon begin returning to work in person this fall. Before then, however, many of your pandemic teleworkers are likely planning to hit the road this summer—and taking their laptops with them as they can continue to work remotely from some location away from home. Here’s what to consider before giving them the green light.

Fewer than 50 employees? FMLA could apply to you anyway

06/08/2021

The FMLA provides job-protected, unpaid leave for employees who meet eligibility requirements. Eligibility depends on whether the employer is large enough to be covered by the law—with 50 or more employees. But there is another way an employer that isn’t big enough can be trapped into having to provide coverage.

Cost of denying pregnancy leave: $146,000

05/27/2021

When an employee has pregnancy complications that might delay her return to work, consider offering additional leave. In addition to the FMLA, the Pregnancy Discrimination Act may compel employers to accommodate pregnant employees by granting time off.

With new COVID laws & increased scrutiny, now’s the time to rewrite your PTO policy

05/21/2021

With an increased focus on employee leave in the public eye and new pandemic-related laws, companies with outdated paid time off policies could find themselves in messy legal situations. That makes now a good time to review and rewrite your PTO policies. Here are some issues to consider.

Injury? Offer FMLA, not just workers’ comp

04/22/2021

The workers’ compensation system typically covers workplace injuries, but the FMLA may also apply. If someone is hurt at work, be prepared to notify the employee of her FMLA rights.

Most managers still don’t understand FMLA basics

03/25/2021

Less than half (46%) of managers can name the benefits that the FMLA provides and even fewer (42%) know how long employees can be absent on FMLA leave, according to a test given to 435 managers by ClaimVantage.

What managers need to know about the FMLA

03/25/2021

The law allows qualified employees to take up to 12 weeks of unpaid leave each year for the birth or adoption of a child, to care for their own “serious” health condition or to care for an immediate family member who has a serious condition.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021

When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.