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FMLA

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.

Does your workplace have a ‘macho’ culture?

11/27/2012
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

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.