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FMLA

FMLA leave: Intermittent or all at once? Document what employee requested

10/29/2013
Employees who are eligible for FMLA leave may not need a big block of time off, but instead want to take intermittent leave. Unfortunately, which one they do take isn’t up to the employer.

Not a question to sneeze at: Is influenza covered by the FMLA?

10/29/2013
Back when Congress was debating the initial passage of the FMLA, there was considerable discussion about what kinds of illnesses would entitle an employee to FMLA protection. If in doubt, ask for a medical certification. Decide whether to approve or deny FMLA leave based on what the certification says.

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.

Workers abusing FMLA? Here’s how to cure 5 common symptoms

10/25/2013
As the holiday season draws near, employers are likely to see an increase in employee requests for time off. It’s wise to carefully monitor employees who are on or seeking leave under the FMLA to make sure they aren’t misusing the generous protections offered under the statute.

DOL conducting more on-site FMLA investigations

10/11/2013
This fall is a good time for a top-to-bottom review of your FMLA procedures. Why? The U.S. Department of Labor announced that it intends to do more FMLA investigations at workplaces.

Timeout! Don’t let sports analogies penalize you in court

10/10/2013

As football season heats up, we pause today to recognize all the football-related expressions in the workplace. We ask employees to “quarterback” a project. We develop a “game plan” for the big meeting. We praise workers who are “on the ball.” But as a new court ruling shows, supervisors who misuse sports analogies at work could find themselves benched in a federal courtroom …

After FMLA, how much can the job change?

10/03/2013

When an employee returns from absences covered under the FMLA, he or she is entitled to be given “the same or an equivalent position.” But what counts as an equivalent position? As a series of recent court rulings show, minor alterations to a job—such as a change in duties or starting time—can sometimes support an employee’s claim of FMLA interference.

What should we do about executive’s offer of special leave allotment?

09/30/2013
Q. The daughter of one of our executive assistants was recently diagnosed with an illness that will require extensive treatment. Her boss offered her “a few extra weeks of paid vacation” to care for her daughter. He told her this before HR had an opportunity to talk to her about options for time off. We don’t think the special treatment would be received well by staff outside of the executive wing. Do we have to provide what he promised even if it’s against company policy? Is it even legal?

Company that provided, then pulled FMLA faces trial

09/30/2013
Forward Air may have to go to court after it granted but then denied a request for FMLA leave from an employee at its Harrisburg air freight facility.

When employee has difficult pregnancy, don’t get creative with FMLA, ADA

09/30/2013
Not everyone has an easy pregnancy, birth and recovery. Em­­ployers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA. What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.