FMLA

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.

Do your supervisors know their FMLA duties?

02/23/2017

Mistakes by front-line managers—usually simple, unforced errors—can lead to costly FMLA liability.

Long absence due to illness? Keep employee apprised of FMLA status

02/09/2017

Sometimes it’s obvious that an employee will miss much more work than her available leave can cover. When that happens, provide her with all the necessary notices about how much leave she has used and when it expires.

FMLA doesn’t prevent firing for poor performance

02/01/2017

Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.