FMLA

When employee has difficult pregnancy, don’t get creative with FMLA, ADA

09/30/2013

Not everyone has an easy pregnancy, birth and recovery. Employers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA. What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.

Check eligibility before OK’ing FMLA leave

09/30/2013

Always double-check that an employee who has requested FMLA leave is actually eligible. It’s crucial if you operate out of several states or have multiple offices, since some locations may not be large enough to require FMLA coverage.

No need to extend maternity leave when it’s clear mother won’t be able to return

09/27/2013

Let’s say someone requests a series of leave extensions for medical reasons. You approve them over several months until she’s used up all available accumulated leave—and then approve unpaid extensions in the hope she’ll return soon. At that point, you are free to ask if her doctor can provide a definite return date. If the answer is no, you can safely terminate her.

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.