FMLA

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018

While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.

Disability: Beware docking attendance points

10/04/2018

Policies designed to encourage regular attendance often use a point system to determine when employees who miss work will receive discipline. But that simplicity may create legal problems.

Document all requests for disability-related leave

09/24/2018

Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.

4 questions to ask yourself before you call someone on leave

09/23/2018

The wheels of business stop for no one, and when an employee goes out on leave—FMLA or otherwise—it’s surprising how quickly the inconveniences mount. The urge to pick up the phone or dash off a quick email to ask a simple question just to keep the wheels moving is powerful, but pause for a moment before you do it and ask:

DOL releases model FMLA forms good for 3 years

09/04/2018

The Department of Labor has released updated versions of its model FMLA certification and notice forms, carrying a new expiration date of Aug. 31, 2021.

DOL releases new FMLA forms — good for 3 years

09/04/2018

The DOL has released updated versions of its model FMLA certification and notice forms. Employers should begin using the new FMLA forms now.

Minor schedule changes can add up to an FMLA interference claim

08/31/2018

Employees are entitled to reinstatement to an equivalent position when they return from FMLA leave. Any change to the terms and conditions of employment—even a seemingly minor one—may amount to FMLA interference.

Document mistakes occurring near FMLA leave

08/31/2018

Employees are entitled to take FMLA leave for covered serious medical conditions, which means they can’t be punished for taking leave. However, that protection doesn’t give them carte blanche to ignore workplace rules, and it doesn’t mean they can’t be punished for misdeeds that occur during FMLA leave.

FMLA: Firing can easily trigger retaliation suit

08/29/2018

Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

Don’t expect quick dismissal of FMLA suit just because you have few employees

08/06/2018

A New York employer has learned the hard way that there’s no quick and easy way to get an FMLA case dismissed—even if it may not have enough employees to be covered by the law.