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FMLA

For a quick trip to court, allow casual accommodations for some but not others

05/12/2014
Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.

Beware letting work happen on FMLA leave

05/12/2014

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

Is ‘stress’ an FMLA serious condition?

05/01/2014
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Court rules: Texas state employees can’t sue over ‘self-care’ under the FMLA

05/01/2014

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

Warn bosses against publicizing FMLA leave

04/30/2014
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.

Providing additional leave? Employee loses some rights

04/30/2014

Sometimes, employees with serious medical conditions need more than 12 weeks of FMLA leave to fully re­­cover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off. But the employee loses some rights in the move.

Choose short leave as ADA accommodation

04/30/2014
New employees aren’t entitled to FMLA leave, but they may be eligible for a short medical leave under the ADA instead. Sometimes, that’s the best accommodation to choose.

Don’t know when injured worker can return? You don’t have to offer indefinite leave

04/30/2014

Some employees who become temporarily disabled may be entitled to reasonable accommodations such as a temporary reassignment, reduced hours or similar temporary assistance. An employee might even be entitled to leave beyond accumulated sick, vacation and FMLA time. But that’s only true if the time off will be for a finite period of time.

Is it possible for an employee to take FMLA leave after the birth of her grandchild?

04/16/2014
Q. An employee wants to use FMLA leave to spend time with her daughter after her grandchild is born. There are no expected post-birth complications, but the new mom will need assistance. Would this qualify for FMLA leave?

What are the rules for intermittent FMLA leave?

04/07/2014
Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?