FMLA

Retirement after FMLA isn’t accommodation

04/12/2017

What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

Don’t let comments about FMLA compromise firing

04/06/2017

If a supervisor has previously made snide remarks about an employee’s use of FMLA leave, make sure he isn’t involved in any subsequent disciplinary action against the employee.

Time spent as temp counts toward FMLA eligibility

04/06/2017

If you make an employment offer to a worker from a temp agency after observing her work for a few months, be sure to count the earlier time towards FMLA eligibility.

Snapshot: Who should receive paid family and medical leave?

03/29/2017

Americans overwhelmingly support paid family and medical leave.

FMLA: Seek more information about relative who needs care

03/15/2017

Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017

Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

One time you don’t have to give FMLA notice

03/12/2017

If an employee has already taken FMLA leave several times before, do you still have to go through the motions of providing FMLA notice every time the employee calls off?

FMLA: You can require fitness-for-duty proof

03/07/2017

It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Paid leave can be adverse employment action

03/03/2017

It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

Beware asking for extra ‘proof’ of FMLA need

03/02/2017

Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.