FMLA

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.

Can ‘casual chat’ with employee put you on FMLA notice?

10/09/2012

Say you’re sitting with employees at lunch and one of them casually mentions that her parents are aging and in poor health. Does that informal chatter officially put your company on notice that the employee’s leave to visit her sick parents is protected under the FMLA?

If doctor’s note is unclear, insist on a properly completed FMLA certification form

10/05/2012

Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.

Tell supervisors: Never discourage employees from taking FMLA leave

10/05/2012

When employees take FMLA leave, it can cause major headaches for their supervisors. But displays of frustration—and subsequent discipline or comments at work—may be interpreted by employees as retaliation for requesting the FMLA leave.

FMLA: Second medical opinion is your option

10/02/2012

The FMLA allows employers that don’t want to accept an employee’s medical certification to ask for (and pay for) a second opinion. If the two opinions contradict one another, the employer may pay for a third, tie-breaking assessment. But that can be expensive. If you prefer to simply deny the employee’s leave request, that’s fine.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012

Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012

There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.