FMLA

Reversing FMLA denial doesn’t end retaliation claim

03/09/2010

Here’s a reminder that HR needs to do everything in its power to get FMLA decisions right: If you turn down an FMLA request and then punish the employee for missing work, she could sue, claiming she was retaliated against for requesting FMLA leave in the first place. Reversing the original FMLA decision won’t end the case.

What are the rights of an employee who wants leave to care for his pregnant girlfriend?

03/09/2010

Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?

Congress’ employment law agenda: 7 key bills to watch closely

03/08/2010

Now that the Democrats have lost their 60-vote supermajority in the Senate, it will be that much more difficult for the Obama administration to make good on many of its pro-employee campaign promises. But this still could be a key year for Democratic plans to revamp our national employment laws. Here are seven key initiatives pending in Congress and what they could mean for your business if they become law.

Warn bosses: Do nothing that discourages FMLA leave or punishes those who take it

03/04/2010

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:

Tell managers: No campaign to ‘get’ employee allowed

02/25/2010

Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.

Leave exhausted? Set strict standards for further absences

02/22/2010

Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working? You can and should set strict standards for further leave.

FMLA: Revised Regulations

02/19/2010

HR Law 101: The U.S. Department of Labor’s revised FMLA regulations took effect Jan. 16, 2009. Here’s a summary of the most important changes.

Not rehiring FMLA leave-taker? Document why

02/16/2010

Employees who run out of FMLA leave and are fired under a policy requiring mandatory dismissal for excessive absences may be invited to apply for other open positions when they recover enough to work. Be careful how you handle those reapplications, especially if one of the terminated employees was off because she was pregnant and ran out of leave before being able to return.

Your 10-step plan for sniffing out suspicious FMLA requests

02/12/2010

Interested in combating potential FMLA fraud? The best way to keep employees from gaming FMLA leave is to use the law’s medical certification process. To make sure employees take only FMLA leave to which they are entitled, follow these 10 steps: