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FMLA

Let the pros in HR handle that! Bosses shouldn’t meddle in FMLA, ADA issues

10/21/2015

Some managers think they can handle employees with disabilities on their own. That’s never a good idea. Someone in HR should oversee every aspect of disability accommodations. Leave management out of it—other than requiring every manager and supervisor to report immediately potential disabilities to HR. Otherwise, things can go badly wrong, as they did in one recent case.

Don’t let FMLA stop planned staffing changes

10/20/2015
Normally, it’s risky to fire someone who has just taken FMLA leave. However, you can terminate such an employee—if you can show that changes were underway before FMLA leave began.

Does your parental leave policy discriminate?

10/19/2015
In several recent lawsuits, courts have ruled that parental leave policies thought to generously provide time off for new mothers were actually discriminatory—against new fathers.

The 5 reasons employees can take FMLA leave

10/19/2015
Except in the case of leave to care for a covered service member with a serious injury or illness, U.S. Department of Labor regulations say an eligible employee’s FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the following reasons.

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Negative comments about FMLA use? Call your lawyer because you will be sued

09/30/2015
Now is a good time to remind supervisors that making negative comments about FMLA usage can end in litigation. That’s because telling employees that taking time off makes it hard for co-workers who have to pick up the slack can chill further use of FMLA leave, discouraging employees from using time off they are legally entitled to.

Scrub unnecessary FMLA references from handbook

09/29/2015
When an employer has an office with fewer than 50 employees within 75 miles of that location, those workers aren’t covered by the FMLA. Make sure you don’t inadvertently give them the impression that they are.

Employers must notify employees of their FMLA rights

09/28/2015
HR professionals consistently rate FMLA administration as one of their most difficult tasks. New court decisions constantly affect the FMLA landscape.

Another reason to handle with care after FMLA: Bosses could be held personally liable

09/21/2015

FMLA leave is an entitlement and interfering with that leave or punishing a leave taker will backfire. It may even mean personal liability for a manager who decides to punish an employee with an adverse action like termination or demotion.

Lawsuit guarantee: Fire the day FMLA eligibility starts

09/18/2015
Employees who have worked for at least one year and put in at least 1,250 hours are eligible for FMLA leave if they work for a covered employer. Expect a lawsuit if, on her one-year anniversary, you fire an employee who has requested FMLA.