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FMLA

Court rules: Texas state employees can’t sue over ‘self-care’ under the FMLA

05/01/2014

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

Warn bosses against publicizing FMLA leave

04/30/2014
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.

Providing additional leave? Employee loses some rights

04/30/2014

Sometimes, employees with serious medical conditions need more than 12 weeks of FMLA leave to fully re­­cover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off. But the employee loses some rights in the move.

Choose short leave as ADA accommodation

04/30/2014
New employees aren’t entitled to FMLA leave, but they may be eligible for a short medical leave under the ADA instead. Sometimes, that’s the best accommodation to choose.

Don’t know when injured worker can return? You don’t have to offer indefinite leave

04/30/2014

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?

04/16/2014
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?

What are the rules for intermittent FMLA leave?

04/07/2014
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

04/02/2014
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?

03/31/2014
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

03/27/2014
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.