FMLA

How to avoid being set up for an FMLA lawsuit

01/18/2023

It’s fairly common for workers facing discipline to request FMLA leave, believing that means their employer can’t fire them. It’s a way of setting up a potential FMLA retaliation lawsuit. A recent case shows exactly how employers can avoid being set up.

DOL provides FMLA guidance for workers living with cancer

01/18/2023

The Department of Labor created some new resources to help workers living with cancer understand their rights under the FMLA.

Follow these key FMLA intermittent leave call-off rules

01/04/2023

Managing employees authorized to take FMLA on an intermittent basis can be a massive headache. You never know when the employee will call off work. But disciplining the employee for missing work can backfire. Here’s how to create call-off rules that comply with the law.

New York state will bar retaliation against workers who take legally protected time off

12/15/2022

The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Don’t discourage employees from taking FMLA leave!

10/25/2022

The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

FMLA and mental health—what you need to know as an employer

10/20/2022

Do you have an employee looking to take FMLA for mental health? Following are some tips and guidelines to know when it comes to employees taking FMLA for mental health reasons.

Here’s what happens when your managers don’t follow your written call-out policies

09/22/2022

Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies. But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.

Ensure bosses don’t block accommodations

08/11/2022

It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Report: Reform intermittent leave to help employers comply with FMLA

07/26/2022

A new report by the Bipartisan Policy Center think tank argues that updating the FMLA’s intermittent leave provisions could “significantly improve employers’ experience complying with the law.”

Consider writing FMLA ‘script’ for supervisors

06/16/2022

The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.