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FMLA

Fully recovered employee isn’t disabled

07/24/2015

An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.

Use it or lose it! You must enforce your call-off policy

07/22/2015

Employers have the right to set reasonable call-off requirements for when an employee will miss a shift or arrive late. Employees can be required to follow those rules. If someone doesn’t, you can discipline him—even if you approved FMLA leave for the absence. But beware: If you don’t consistently enforce the call-off rule, you may be on the losing end of an FMLA lawsuit.

‘My boss is stressing me out!’ That’s not a disability requiring accommodation

07/17/2015
Some supervisors may be tougher than others and some employees may not get along with a particular supervisor. It may be a matter of workplace philosophy or even personality conflict. And the employee may genuinely be so stressed and anxious that she needs medical or psychological treatment. But that does not mean that she can demand transfer to a different supervisor as a reasonable accommodation, a California court has ruled.

Worker going on leave? React with poker face

07/17/2015
It may be natural for supervisors to be upset when one of their key employees goes out on workers’ compensation or FMLA leave, but make sure managers know not to lash out.

Tell employee that she’s nearing FMLA eligibility

07/15/2015
Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Discipline OK, even when worker could use FMLA

07/13/2015

Some supervisors hesitate to discipline employees who have asked for FMLA leave or seem likely to need it soon. Reassure them that they can and should discipline those who break company rules or perform poorly, even if they are ill or may need FMLA leave. The key is to focus on behavior.

4 steps: Pre- and post-birth FMLA compliance

07/13/2015
Many employers think expectant mothers can take FMLA leave only for childbirth and baby bonding. But any medical appointments and pregnancy-related illnesses are eligible for FMLA leave, too. Here’s how to handle FMLA time off for pregnancy and afterward.

What’s a ‘serious’ condition? Routine care doesn’t trigger FMLA protection

07/10/2015
The FMLA is supposed to protect employees from losing their jobs when they can’t work due to a serious health condition.

Here’s more proof that FMLA rules are clear as mud

07/07/2015
One definition of a “serious health condition” that would qualify an employee for FMLA leave is “any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital.” But what counts as an overnight stay?

Hershey Med settles with fired cancer surgeon

06/29/2015
The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.