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FMLA

FMLA: Flare-ups every Friday? Check it out

01/20/2012
While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave can simply call in and say his condition is acting up. But that doesn’t mean you’re powerless if you suspect abuse.

Beware ADA lawsuit if you fire after FMLA leave expires

01/18/2012
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.

Follow the certification trail when you suspect employee is gaming medical leave

01/06/2012
When asked to provide FMLA certification of their serious health condition from a health care provider, some employees may realize they can’t. One answer? Fake it. What’s an employer to do? There are several approaches you can take.

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

Employees and former employees have up to 3 years to file suit under FMLA

01/05/2012

Don’t write off a lawsuit just because a former employee misses state discrimination agency and EEOC deadlines to file a complaint. If the employee has an FMLA-related claim, she has up to three years to file a federal lawsuit. And she doesn’t have to file anything with the EEOC or a New York state or local discrimination agency.

Mere ‘association’ with a disabled person doesn’t trigger need to accommodate

01/05/2012

A federal court has shot down an employee’s claim that he should have received an accommodation because of his association with a disabled individual. That’s good news, as it nixes time off to care for a disabled individual if the employee isn’t otherwise eligible for FMLA leave.

Partners in time: Balance FMLA and ADA when employee’s serious illness is a disability

01/05/2012
Employees with a serious health condition are entitled to take intermittent FMLA leave when their conditions flare up. And disabled employees are entitled to reasonable accommodations for their disabilities. That can include time off. Employers must therefore consider granting intermittent FMLA leave among the possible ADA reasonable accommodations when an employee has a serious health condition that is also a disability.

Chicago’s tough leave lessons: How not to handle FMLA leave

01/04/2012
Here’s a chance to learn from an employer’s FMLA mistakes. Don’t make the same ones yourself.

Ensure FMLA leave doesn’t affect evaluations

01/02/2012

When employees lose their jobs, they often look for a reason to sue. One common tactic is to argue that a layoff was used as an excuse to get rid of “unproductive” employees, especially those who take advantage of their right to FMLA leave. That’s why HR must develop a performance-appraisal system that documents that having taken FMLA leave wasn’t a factor when you evaluated employees’ work.

How much FMLA left? It’s your job to track it

12/22/2011
Eligible employees can take up to 12 weeks of FMLA leave during each 12-month period. But lawsuits often hinge on one question: Which 12 months? It’s the employer’s duty to let employees know how much leave they’re entitled to or have al­­ready taken.