FMLA

Never require work during military FMLA leave

03/24/2025

Employers may be tempted to push back against employees’ FMLA military caregiver leave rights, asking them to continue working when they can despite caring for their military family members. That’s an FMLA-interference lawsuit waiting to happen.

Employer’s ‘honest belief’ is enough for FMLA defense

03/19/2025

You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

Court orders trial in abortion discharge case

03/13/2025

The Pregnant Workers Fairness Act bans retaliation for exercising rights under the law, including receiving medical care related to pregnancy.

Heed DOL opinion letter to coordinate federal FMLA with state and local requirements

02/20/2025

The letter acknowledges that under the FMLA, employees can elect to use accrued vacation, sick and workers’ comp leave for unpaid FMLA leave, and employers can require it. This substitution runs concurrent with FMLA leave until the entitlement is used up.

Your own assets are at risk! You could be liable for FMLA mistakes

02/18/2025

A federal court has decided that employees like HR professionals and supervisors can sometimes be held personally liable for FMLA violations. That means their assets can be seized to pay damages.

Can’t accommodate with time off? Hire a replacement

02/12/2025

The ADA requires employers to provide reasonable accommodations, including time off, for a disabled worker unless the accommodation creates an undue hardship. But how much time off is a hardship?

Experimental treatments are covered under the FMLA

01/23/2025

The Department of Labor has concluded in a letter to a medical organization that FMLA-covered leave taken by an employee with a serious health condition includes leave to participate in an experimental medical treatment.

Employee providing care for seriously ill sibling? Consider agreeing to request for FMLA leave

01/21/2025

The FMLA provides job-protected leave so employees can care for a long list of close relatives, including spouses, children and parents. The law even allows leave to care for grandchildren and grandparents if there is an in loco parentis relationship between them. But what about siblings?

PWFA excludes time to bond

01/15/2025

The PWFA requires employers to accommodate pregnancy limitations, but does not require time off to bond.

Employer lessons from 2024’s worst employee lawsuits

01/03/2025

It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.