FMLA

Request accommodations info after FMLA leave expires

11/30/2012

Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.

Does your workplace have a ‘macho’ culture?

11/27/2012

Some managers still don’t understand why dads need—or are legally entitled to—bonding time with their newborns. Make sure your supervisors understand that it’s unlawful to retaliate against men who take such FMLA leave to care for their children or parents.

It’s your call: Allowing intermittent FMLA leave after birth is up to employer

11/26/2012

The DOL’s FMLA rules clearly say, “An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees.” Whatever you decide, put it in writing and be consistent.

Beat FMLA suit by showing you would have fired anyway

11/09/2012

Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for employers faced with such a case—if they can show they would have fired the employee anyway. In fact, chances are, they’ll win.

Employee requests new intermittent leave plan? You can request new certification

11/09/2012

Employees with serious medical conditions that require occasional time off are entitled to intermittent FMLA leave. If you grant leave and the employee makes a new request that wasn’t specified in the original medical certification, you can insist on a new certification.

Do your employees understand your FMLA calendar?

10/30/2012

FMLA regulations give employers four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. Do everyone a favor: Get familiar with all four methods.

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?

10/27/2012

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?

Court: FMLA may cover not-yet-eligible employees

10/27/2012

A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.

Already know employee’s diagnosis? Worker must still give details to earn FMLA

10/25/2012

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

Adjust deadlines, help reassign projects before employee goes out on FMLA leave

10/09/2012

Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust schedules or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.