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  • HR Specialist: Employment Law
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Don’t know when injured worker can return? You don’t have to offer indefinite leave


Some employees who become temporarily disabled may be entitled to reasonable accommodations such as a temporary reassignment, reduced hours or similar temporary assistance. An employee might even be entitled to leave beyond accumulated sick, vacation and FMLA time. But that’s only true if the time off will be for a finite period of time.

Is it possible for an employee to take FMLA leave after the birth of her grandchild?

Q. An employee wants to use FMLA leave to spend time with her daughter after her grandchild is born. There are no expected post-birth complications, but the new mom will need assistance. Would this qualify for FMLA leave?

Develop a process for extending FMLA leave

Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request for extra time can make the difference between winning and losing a discrimination lawsuit.

What are the rules for intermittent FMLA leave?

Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?

Obama’s 2015 budget: Less for DOL, but more for EEOC enforcement

The Obama administration’s proposed 2015 budget calls for a slight reduction in federal funding for the U.S. Department of Labor but bigger bucks for the EEOC.

Can an HR professional have personal liability for employment decisions?

Q. As an HR professional, do I have personal liability for my participation in employment decisions?

Employee doesn’t want FMLA leave? Court says you can’t force the issue

When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Out on FMLA: How much contact can we have?

Q. What are the employer’s rights in contacting employees during their FMLA leave? Can we ask how they are doing? Can we expect they will stay at home recuperating in accordance with the doctor’s direction?

When can you fire someone on FMLA leave?


An eligible employee receives up to 12 weeks job-protected leave for a covered reason whether the employer likes it or not. But that doesn’t mean that the employee can never be fired while on leave—as long as you would have done so even if she hadn’t taken FMLA leave.

EEOC settles GINA discrimination lawsuit with N.Y. employer


In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.