FMLA

Discipline OK, even when worker could use FMLA

07/13/2015

Some supervisors hesitate to discipline employees who have asked for FMLA leave or seem likely to need it soon. Reassure them that they can and should discipline those who break company rules or perform poorly, even if they are ill or may need FMLA leave. The key is to focus on behavior.

4 steps: Pre- and post-birth FMLA compliance

07/13/2015

Many employers think expectant mothers can take FMLA leave only for childbirth and baby bonding. But any medical appointments and pregnancy-related illnesses are eligible for FMLA leave, too. Here’s how to handle FMLA time off for pregnancy and afterward.

What’s a ‘serious’ condition? Routine care doesn’t trigger FMLA protection

07/10/2015

The FMLA is supposed to protect employees from losing their jobs when they can’t work due to a serious health condition.

Here’s more proof that FMLA rules are clear as mud

07/07/2015

One definition of a “serious health condition” that would qualify an employee for FMLA leave is “any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital.” But what counts as an overnight stay?

Hershey Med settles with fired cancer surgeon

06/29/2015

The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

New FMLA forms address GINA safe harbor

06/29/2015

The U.S. Department of Labor has modified its FMLA forms to include employer safe harbor language required under the Genetic Information Nondiscrimination Act.

You, not employee, choose ADA accommodation

06/26/2015

Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.

Does FMLA apply to same-sex spouses who don’t live in states that recognize same-sex marriage?

06/18/2015

Q. We have operations in South Dakota, and one of our employees there has requested FMLA leave to care for his same-sex spouse for an FMLA-qualified reason. The couple was married in Minnesota, but South Dakota does not recognize same-sex marriage. Should we grant the FMLA leave request?

Extra leave isn’t always ADA accommodation

06/16/2015

The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs. Fortunately for employers, there are limits to leave—especially for jobs that require regular attendance.

Absent with no excuse? That’s willful misconduct

06/09/2015

Employees who are fired for willful misconduct aren’t eligible for unemployment compensation. Not following the employer’s call-off rules is willful misconduct and may bar benefits.