FMLA

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.

FMLA retaliation requires ‘but for’ proof

03/09/2016

Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

DOL initiating more FMLA enforcement

03/07/2016

You don’t have to be sued to lose an FMLA case.

Can you ban workers from moonlighting during FMLA leave?

03/03/2016

It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.

FMLA: Notice Requirements

02/15/2016

HR Law 101: Employees who want to take FMLA leave must give their employer 30-day advance notice when the need for leave is foreseeable. Employers should respond in writing within five business days to their leave requests …