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FMLA

Ensure past FMLA leave doesn’t affect decision to rehire rebound applicant

06/16/2014
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.

Let other leave fill gap until FMLA eligibility

06/16/2014
Employers can’t fire an employee who is about to reach the thres­­hold for FMLA eligibility if the em­­­­­­ployee has other accrued leave available to bridge her to FMLA eligibility.

Post-FMLA exam is OK–after reinstatement

06/10/2014

Before approving FMLA leave, an employer can require medical certification of the need for leave. But when it’s time for the employee to return from leave, employers can’t demand additional evaluations beyond the certification a doctor supplies showing the employee is ready to resume work. But what if the employer worries that the employee really can’t perform her job?

Abused employee: Give her FMLA or let her go?

06/06/2014
Q. An abusive boyfriend sent nude photos of one of our employees to other employees. We’ve deleted everything from our server and blocked his email. But now we have complaints from other employees that we should have fired the employee. We did not. In fact, we let her take FMLA leave due to the depression she suffered. How should we handle these co-worker complaints?

Employer gets to choose ADA reasonable accommodation

06/02/2014
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

State employees can’t double-dip on FMLA claims

06/02/2014
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Part-time schedule may not be ADA solution

05/28/2014
Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.

Keep bereavement leave policies up-to-date

05/27/2014
Although there’s no federal requirement to offer time off after the death of a loved one, many businesses do it anyway. Before long, however, those voluntary policies could become law.

Don’t require FMLA certification for CFRA leave

05/23/2014
California employees have additional rights to family and medical leave under the California Family Rights Act (CFRA). Don’t require an employee to provide an FMLA certification form if she is seeking CFRA leave.