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FMLA

Must small employers grant FMLA leave when an employee adopts a child?

01/14/2011
Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Get workers back fast from FMLA leave: Run FMLA concurrently with other leave

01/07/2011
You can and should use the FMLA rules to encourage employees to return from FMLA leave as soon as possible. One of the most effective ways is to run their unpaid FMLA leave time concurrently with any paid leave they may have coming. That way, they can’t use up that paid time first and get another 12 unpaid weeks.

Highland Village firefighter: Department harassed, retaliated

01/07/2011
A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.

DOL teams up with ABA–expect more FMLA, FLSA suits

01/07/2011
Since Dec. 13, employees with unresolved FMLA or Fair Labor Standards Act complaints with the DOL have been told of another option: a toll-free phone number that can link them to an ABA-approved attorney in their area who could handle their lawsuit.

Sick leave and FMLA: Should you call off your call-in policy?

01/07/2011
Does your call-in policy demand that employees contact their supervisors daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling last week said …

If employee gives late FMLA notice, when must you cut slack?

01/04/2011
The latest FMLA regulations give employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances. The question is, how much?

Twittering away the day on FMLA

01/03/2011
Have you ever searched Twitter for the term “FMLA”? You’ll find some interesting interpretations on how people use their “family” or “medical” time off. Chicago law firm Franczek Radelet PC collected these recent tweets:

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.