FMLA

‘Possibility’ of serious illness triggers FMLA protection

01/22/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Veto blocks expansion of FMLA to military families—But not for long

01/03/2008

After passing the first-ever amendments to the FMLA, Congress left Washington in late December confident that President Bush would sign off on the provision. But he didn’t. Now Congress vows to address the issue again later this month.

Require use of vacation time if you know FMLA doesn’t apply

01/01/2008

Employers don’t have to allow employees to take sick or FMLA time just because they claim minor health problems. If you are certain that an illness or injury doesn’t amount to a serious health condition as defined by the FMLA, then there is no reason to run the time against FMLA or sick time …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Condition worthy of FMLA leave might not be ADA disability

01/01/2008

The FMLA and the ADA may seem as though they overlap, but that’s not always the case. A disability under the ADA is almost always a serious health condition under the FMLA, but not every serious health condition is an ADA disability. Here’s why …

Don’t just rubber-Stamp manager’s termination recommendation

01/01/2008

When a supervisor recommends discharging an employee, resist the temptation to simply agree with her assessment. Here’s why: If the employee is being targeted because she took FMLA leave or engaged in some other form of protected activity, blind adherence to the supervisor’s recommendation to fire opens up the company to a retaliation claim.

FMLA

‘Possibility’ of serious illness triggers FMLA protection

Veto blocks expansion of FMLA to military families—But not for long

Require use of vacation time if you know FMLA doesn’t apply

All periods of employment count toward FMLA eligibility

Condition worthy of FMLA leave might not be ADA disability

Don’t just rubber-Stamp manager’s termination recommendation

Employee’s bizarre behavior can count as FMLA ‘Notice’

Do a father’s prenatal visits qualify for FMLA?

Intermittent leave and part-time status

Multi-Site location: Are we covered under FMLA?

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