FMLA

If you violate FMLA, prepare to pay employee’s attorneys’ fees, too

10/08/2008

Here’s another reason to train everyone on the intricacies of the FMLA: Employees who win even a small amount of damages in FMLA interference cases automatically get their attorneys’ fees paid by their employer. And that can add up to
big bucks …

Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

Alcoholism isn’t always an ADA disability

10/07/2008

Employers sometimes forget that just because a condition has a name and can be serious, it doesn’t always mean it’s a disability. In one recent case, an admitted alcoholic who had undergone inpatient treatment was deemed not to be disabled under the ADA and therefore not entitled to reasonable accommodations …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Employee out on maternity leave: How long must we hold her position?

10/03/2008

Q. How long am I required to hold a position open for an employee who is on leave due to pregnancy? …

Doctor’s note should trigger FMLA certification request

09/26/2008

The FMLA gives employers the right to ask for proper medical documentation showing that an employee actually needs and is entitled to medical leave. The law also makes it clear that employers don’t have to accept vague notes or leave requests. But that doesn’t mean you can ignore a doctor’s note that is unclear or ambiguous about the employee’s condition …

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …

Must we pay employee who takes family and medical leave to care for relative?

09/19/2008

Q. One of our employees will be taking a protected leave of absence to care for her ill mother. Are we required to pay her for the time off? …

Must we pay doctors to fill out FMLA forms?

09/18/2008

Q. Recently, a doctor sent our HR department a bill for completing one of our employees’ FMLA certification forms. Do we have to pay it?