FMLA

Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010

Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Don’t expect heroic catch-up after FMLA leave

11/08/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if there was no plan in place to pick up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Employment law 101: Beware firing immediately after employee returns from FMLA leave

11/05/2010

If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.

You can add new rule during medical leave

11/05/2010

It’s OK to change work rules while an employee is out on FMLA or other medical leave. It’s legal, as long as the rule applies equally to every similarly situated employee.

Fired employee suing? Find out if he’s filed for bankruptcy

11/01/2010

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

Calculate FMLA eligibility based on date leave begins

10/28/2010

Some workers decide to provide notice that they’ll need FMLA leave long before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.

With flu season here, know what FMLA covers

10/27/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers that are already operating with lean staffing. Plus, as it did last year, the season will lead to more confusion and questions over whether a flu or common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

Does the FMLA cover leave for cosmetic surgery?

10/21/2010

Employees can take job-protected FMLA leave for “serious health conditions.” But take note: Cosmetic surgery only counts as a serious condition in very rare cases …

Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.