• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

Must we grant time off for employee to care for a grandparent?

08/20/2013
Q. Our company has 30 full-time employees. One of our employees who is working on a key project has asked us for time off to take care of her grandfather, who has cancer, on days after he’s gone through chemotherapy. We know other family members are available to provide this care, and we are worried that it will be a hardship to have the employee away from work. Do we have to give the employee the time off?

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013
Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?

Not all FMLA mistakes will cost you in court

08/20/2013
What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

Beware schedule changes when employee returns after FMLA leave

08/20/2013
When an employee takes FMLA leave, she is supposed to return to her old job or an equivalent one in terms of pay, responsibilities and other benefits. Something as minor as a change in starting time can sometimes support an FMLA-interference claim.

Boss, employee of different races? That’s not bias

08/13/2013
Most workplaces now reflect the nation’s increasing diversity. Don’t let that worry you. An employee can’t sue just because a ­manager who makes employment decisions belongs to a different racial group.

Obesity is Now a ‘Disease,’ AMA says; What’s That Mean for HR?

08/09/2013
The American Medical Association (AMA) this summer officially designated obesity as a “disease”—instead of as a condition. The AMA’s designation does not carry any official change in the law or regulations. But experts say it could increase the likelihood that obese employees will be deemed “disabled” under the Americans with Disabilities Act (ADA), plus increase your organization’s workers’ comp costs.

Must we give FMLA leave for cosmetic surgery?

08/09/2013
Q. An employee lost weight and is having excess skin removed and a breast lift. There will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition?

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, reg­­ular attendance is a reasonable work expectation.

Employees’ FMLA leave is inconvenient? Too bad! That’s no excuse for termination

08/02/2013

Employees take FMLA leave at the darnedest times—often when you can least afford to lose them. And FMLA leave can be doubly frustrating when it’s taken by an employee who’s already had attendance problems. But if that employee has an FMLA-qualifying serious health condition, there’s really nothing you can do.