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FMLA

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?

Hershey Med responds to retaliation charges

10/29/2013
The Penn State Hershey Medical Center has denied any wrongdoing in the case of a cancer doctor who sued, alleging he was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

FMLA leave: Intermittent or all at once? Document what employee requested

10/29/2013
Employees who are eligible for FMLA leave may not need a big block of time off, but instead want to take intermittent leave. Unfortunately, which one they do take isn’t up to the employer.

Not a question to sneeze at: Is influenza covered by the FMLA?

10/29/2013
Back when Congress was debating the initial passage of the FMLA, there was considerable discussion about what kinds of illnesses would entitle an employee to FMLA protection. If in doubt, ask for a medical certification. Decide whether to approve or deny FMLA leave based on what the certification says.

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.

Workers abusing FMLA? Here’s how to cure 5 common symptoms

10/25/2013
As the holiday season draws near, employers are likely to see an increase in employee requests for time off. It’s wise to carefully monitor employees who are on or seeking leave under the FMLA to make sure they aren’t misusing the generous protections offered under the statute.

DOL conducting more on-site FMLA investigations

10/11/2013
This fall is a good time for a top-to-bottom review of your FMLA procedures. Why? The U.S. Department of Labor announced that it intends to do more FMLA investigations at workplaces.