FMLA

Termination for legitimate business reason trumps FMLA

12/10/2013

Employers can terminate an employee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Does FMLA cover colds and flu? It’s not a question to sneeze at

12/10/2013

When Congress drafted the FMLA more than 20 years ago, colds and the flu were frequently mentioned as examples of illnesses not meant to be covered. However, FMLA regulations do provide for exceptions if an employee’s influenza is particularly serious, involves complications or requires hospitalization or continued medical treatment.

Pregnancy Discrimination Act doesn’t require accommodation of pregnancy complications

12/02/2013

The PDA outlaws treating pregnant women worse than employees who aren’t pregnant. However, it doesn’t require affirmative steps to help them deal with complications. Employers are complying with the law if they give pregnant women the same time off or temporary light work assignments they give other temporarily impaired workers.

Document efforts to get FMLA certification

12/02/2013

There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.

FMLA: Military Family Leave

12/01/2013

HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Employee prone to mistakes? That doesn’t mean she’s disabled

11/27/2013

Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.

On eve of flu season, know what FMLA covers

11/06/2013

Every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave. The regulations state, “Unless complications arise, the common cold [and] flu … do not meet the definition of a serious health condition and do not qualify for FMLA leave.”

Grant FMLA leave for pregnancy-related issues

10/30/2013

Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.

Does a text message from employee qualify as a request for FMLA leave?

10/30/2013

Employees don’t have to specifically request “FMLA leave” to put your organization on notice that they need job-protected leave. They don’t even have to mention the law at all. But they must provide enough details about the reason for the requested leave. Then it’s up to you to determine whether the reason qualifies as a “serious condition” under the FMLA.

Where should we display labor law posters?

10/29/2013

Q. I recently heard that some of our posters have to be displayed where applicants can see them, not just our employees. Is that true?