FMLA

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

11/26/2012

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

11/09/2012

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

11/09/2012

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?

10/30/2012

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?

10/27/2012

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

10/27/2012

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.

Already know employee’s diagnosis? Worker must still give details to earn FMLA

10/25/2012

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

Adjust deadlines, help reassign projects before employee goes out on FMLA leave

10/09/2012

Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust schedules or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.

Can ‘casual chat’ with employee put you on FMLA notice?

10/09/2012

Say you’re sitting with employees at lunch and one of them casually mentions that her parents are aging and in poor health. Does that informal chatter officially put your company on notice that the employee’s leave to visit her sick parents is protected under the FMLA?

If doctor’s note is unclear, insist on a properly completed FMLA certification form

10/05/2012

Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.