FMLA

How to collect medical info under the FMLA rules

04/07/2016

To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider.

What’s an FMLA ‘serious health condition’?

04/06/2016

First things first when determining how to handle a request for FMLA leave: Does the employee (or a loved one) have a “serious health condition” that qualifies for FMLA leave?

Can we require employees to provide advance notice that they will need FMLA leave?

04/01/2016

Q. One of our employees notified us that he will need to take leave under the FMLA. Can we require employees to give us more advance notice?

Failure to provide FMLA notice doesn’t necessarily mean employers will pay in court

04/01/2016

If a worker provides information that puts the employer on notice she may need and qualify for FMLA leave, the employer must notify the worker how to exercise her FMLA leave rights.

Employee can’t fully return from FMLA? Explore accommodations before firing

03/29/2016

Some employees who need to take FMLA leave may be newly disabled or suffer from serious health conditions that develop into disabilities. If they are not fully healed, they may not be able to obtain a doctor’s clearance to return to work.

Explore light-duty jobs for pregnant employees

03/29/2016

Recent EEOC guidance makes it clear that employers that provide light-duty for employees with medical limitations must do so for pregnant workers, too.

FMLA reveals poor performance? Discipline

03/19/2016

Sometimes, it takes an absence to discover that an employee wasn’t doing her job well. But some HR professionals and supervisors fear disciplining a worker if they discover the poor performance while she is on FMLA leave.

It’s perfectly legal to ask for FMLA documentation

03/11/2016

Don’t be afraid to ask employees for documentation showing that they qualify for FMLA leave. Unless you are actively harassing the worker about taking leave, asking for certification or more information doesn’t interfere with his FMLA rights.

FMLA ‘serious’ health conditions: Who decides and how?

03/10/2016

One of the trickiest parts of administering FMLA benefits is figuring out whether an employee’s health condition qualifies for leave. Who makes that decision … and how? Follow these steps to verify and certify an employee’s right to FMLA leave.

Not ready for work after FMLA expires? Consider more leave as ADA accommodation

03/09/2016

Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.