• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly


Does the FMLA cover leave for ‘stress’?

Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

Warn bosses: Don’t say anything about medical conditions that may be covered by FMLA

Making comments about someone’s illness is both rude and unprofessional. It may also be the basis for a lawsuit. That’s reason enough to warn supervisors and managers against discussing medical problems related to FMLA leave

Request accommodations info after FMLA leave expires

Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.

Does your workplace have a ‘macho’ culture?

Some managers still don’t understand why dads need—or are legally entitled to—bonding time with their newborns. Make sure your supervisors understand that it’s unlawful to retaliate against men who take such FMLA leave to care for their children or parents.

It’s your call: Allowing intermittent FMLA leave after birth is up to employer

The DOL’s FMLA rules clearly say, “An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees.” Whatever you decide, put it in writing and be consistent.

Beat FMLA suit by showing you would have fired anyway

Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for ­employers faced with such a case—if they can show they would have fired the em­­ployee anyway. In fact, chances are, they’ll win.

Employee requests new intermittent leave plan? You can request new certification

Employees with serious medical conditions that require occasional time off are entitled to intermittent FMLA leave. If you grant leave and the employee makes a new request that wasn’t specified in the original medical certification, you can insist on a new certification.

Do your employees understand your FMLA calendar?

FMLA regulations give employers four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. Do everyone a favor: Get familiar with all four methods.

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?


Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?

Court: FMLA may cover not-yet-eligible employees

A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.