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FMLA

After FMLA ends, consider offering more leave

01/03/2013
Do you have a draconian FMLA leave policy that requires automatic termination for employees who use up their entitlement before being cleared to return to work? If so, you’re playing with fire.

Can we request doctor (not nurse) sign FMLA form?

12/17/2012

Q. Do we have to take a nurse’s signature on an FMLA certification? I’d like to have an actual doctor sign the forms so I am sure someone actually saw the employee.

Hysterics may be sign FMLA leave is required

12/12/2012

Here’s something to consider before you reflexively terminate an employee who walks out. If she’s so distraught that she’s shaking, crying and hysterical, she may need FMLA leave. Instead of terminating her, let her know she should request FMLA leave.

Caregiver leave: Was this firing disability discrimination?

12/12/2012
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

OK to fire worker who took FMLA leave–as long as reason doesn’t involve FMLA

12/12/2012
Taking FMLA leave doesn’t protect employees from being fired for other reasons.

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
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

12/03/2012
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

11/30/2012
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.