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FMLA

Unsure about your accommodations obligations? Find out fast–or risk personal liability

07/27/2010
The Pennsylvania Human Rights Act is the commonwealth’s companion to federal employment laws such as the ADA and Title VII. The PHRA goes beyond most federal laws because it authorizes personal liability for those who “aid and abet” an act of discrimination. And as one recent case shows, aiding and abetting can include making a serious mistake about a reasonable accommodation request.

Can individual employees be liable for FMLA violations? 4th Circuit may decide

07/23/2010
Most employment laws don’t make individual employees liable for workplace violations they commit in the course of their employment. But that’s not the case with every violation. According to the 4th Circuit Court of Appeals, it’s unclear whether the FMLA allows such personal and individual liability—a conundrum that may soon be tested.

School’s out for summer! But the FMLA doesn’t cover day care

07/23/2010

Believe it or not, some employees are under the impression they can use FMLA leave during the summer months to care for their minor children instead of sending them to summer camp or day care. That’s not true unless the child has a serious health condition that prevents participation in camp or day care. Otherwise, parents are expected to make conventional child care arrangements during the summer.

HR lessons learned the hard way: Don’t blindly trust your FMLA software

07/20/2010
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But as one employer recently found out, FMLA apps don’t always tell the whole story. Lesson learned: There’s no substitute for doing a hands-on review of employee records.

You don’t have to chase down FMLA certification

07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.

Just quitting isn’t ‘constructive discharge’

07/13/2010

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

Don’t sweat a little confusion when worker returns from FMLA

07/08/2010

If an employer has to move people and equipment around to cover an employee’s work during FMLA leave, it may be difficult to reintegrate the returning employee right away. That’s OK. Minor delays aren’t enough to support an interference-with-FMLA-rights lawsuit.

Get all facts straight before deciding to discharge

07/08/2010
Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.

You can require back-to-work fitness certification after FMLA leave

07/08/2010
If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.