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FMLA

New FMLA regs in effect: Update your military leave policy

05/06/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the DOL.

DOL issues final FMLA military caregiver, exigency leave regs

05/02/2013
The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

New military caregiver leave rules continue FMLA expansion

05/01/2013
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

Employee out for one day probably ineligible for FMLA

04/30/2013
It’s OK to fire someone whose medical problems clearly don’t qualify as a serious health condition under the FMLA.

ADA: Employee with insomnia isn’t necessarily disabled

04/30/2013
Pushed to do more with less, many employers are asking employees to work longer hours. That can cause workers to lose sleep and may even result in diagnoses of insomnia. But not everyone who is sleep deprived and takes medication to sleep is disabled and entitled to reasonable accommodations, such as a shorter workday.

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

04/30/2013
It can be frustrating to deal with an employee who has constant attendance problems. But if that employee has a serious health condition entitling him to FMLA leave, there’s really nothing you can do, no matter how inconvenient and disruptive his absences are.

FMLA mistakes: When will you personally pay?

04/30/2013
To be personally liable under the FMLA, a manager must “exercise supervisory authority over the employee” who is seeking FMLA leave, and he or she must “be responsible in whole or in part for the alleged violation.” Anyone with the power to hire or fire likely qualifies.

Worker on FMLA leave? Limited contact OK

04/25/2013
Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who’s out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.

Unmarried employee couple is expecting: Can both take FMLA leave?

04/23/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?