FMLA

Conundrum: FMLA leave during the holidays

11/20/2024

Dec. 25 and Jan. 1 fall on Wednesdays this holiday season. Holidays falling on Wednesdays usually take the pressure off employers to give off either the day before or the day after, just to round out the week and to show some good will. But Wednesday holidays don’t eliminate all of the FMLA leave considerations you must address.

Can workers demand remote work as a form of FMLA leave?

11/18/2024

Employees who are eligible for FMLA leave sometimes don’t want to take it because it’s unpaid. However, some have begun asking to take intermittent FMLA leave on a work-from-home basis, so they can care for a sick child or other close relative and still collect a paycheck. Must employers grant such a request? It’s tricky.

PWFA: Routinely grant requests for leave to attend pregnancy-related appointments

10/16/2024

EEOC rules implementing the Pregnant Workers Fairness Act say employers should routinely grant pregnant employees’ requests for time off to attend pregnancy-related medical appointments. It’s so clear-cut that one employer just quickly agreed to settle when the EEOC threatened to file a failure-to-accommodate lawsuit under the PWFA.

Suspect FMLA abuse? Document suspicion

10/10/2024

If you think an employee has abused FMLA leave, documentation is crucial. For example, if medical certifications doubt whether the time taken is legitimate, save that documentation before you take disciplinary action.

Never count FMLA leave against employees when tallying attendance

10/04/2024

Under the FMLA, employees who take leave for a covered reason are not supposed to be penalized for doing so. The FMLA is an entitlement statute, meaning employees who qualify for FMLA leave must receive it with no penalty. That means employers need to ensure that FMLA time off isn’t counted against the employee at evaluation time, when planning a layoff or calculating a performance bonus and so on.

Learn from EEOC’s first PWFA lawsuit: Accommodate pregnancy differently than disabilities

10/04/2024

The EEOC has filed its first lawsuit alleging violations of the Pregnant Workers Fairness Act. Court papers outline a litany of mistakes employers make when pregnant employees ask for reasonable accommodations.

Consider benefits for nursing mothers

08/22/2024

Medela, a leading provider of breast milk pumping equipment, and Mamava, the creator of nursing pods, teamed up to survey new mothers about their nursing needs as they return to the workplace. The results highlight why offering more than the minimum legally required breaks for milk expression may be a welcome benefit, encouraging retention and a reputation for being an employer of choice for new parents.

FMLA leave begins at birth, not before

08/22/2024

The days immediately preceding a child’s birth are exciting. And who could blame a dad for wanting to experience it by taking FMLA leave? The 11th Circuit, however, has ruled that FMLA leave begins when the child is born, not before, so an employee who was terminated for absences he racked up before his child was born was fired legitimately.

Million-dollar mistake: Nonprofit employing disabled workers zapped for disability bias

08/14/2024

One would assume that a nonprofit company created to employ disabled workers would be up on anti-disability discrimination rules. Alas, no, if a recent EEOC settlement is any indication.

Here’s what the EEOC’s lawyers are focusing on this year

08/12/2024

Despite the looming election and Supreme Court decisions that could eventually curtail the influence of federal agencies, the EEOC continues to push an aggressively pro-employee agenda, and it’s committed to filing lawsuits against employers that violate anti-discrimination and anti-harassment laws.