FMLA

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013

Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

DOL issues FMLA guidance for same-sex spouses

09/20/2013

Responding to the U.S. Supreme Court’s June decision overturning a key part of the federal Defense of Marriage Act, the DOL has affirmed that employees with same-sex spouses have the same FMLA rights as other married employees—as long as they live in a state that has legalized same-sex marriage or recognizes such marriages performed in other states.

Parenting Leave Act changes now in effect

09/16/2013

Amendments to Minnesota’s Parenting Leave Act took effect Aug. 1, expanding the definition of “covered family members” from just children. Now the definition includes not only minor children and those attending school (up to age 20), but also the employee’s own spouse, siblings, adult children, parents, grandparents and step-parents.

Multiple locations? Handle FMLA with care

09/16/2013

Employers with 50 or more employees within 75 miles must provide FMLA leave. If they have multiple locations, they must often provide leave to some employees but not others. If that’s your situation, beware making blanket handbook statements about FMLA leave eligibility.

Returning from FMLA: Employee Right to Reinstatement

09/09/2013

The FMLA allows certain employees to take up to 12 weeks of leave from work each year. Employees who take FMLA leave are entitled to return to their former jobs, or at least an “equivalent” job in terms of pay, responsiblities and the like. What’s an equivalent postion? Here’s what the U.S. Department of Labor says about employees’ rights to reinstatement after FMLA leave …

Steps you should take to derail the FMLA leave abuse train

09/09/2013

Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Know the right way to request FMLA certification, fitness-for-duty notices

09/06/2013

When employees have a serious health condition that qualifies them for FMLA leave, employers have the right to some basic information. But you have to ask for it in the right way and at the right time.

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013

Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013

While some federal and state laws allow employees to personally sue their supervisors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

Balance the pluses and minuses of switching to PTO banks

08/26/2013

Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.” So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.