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FMLA

Make sure employees understand the method you use to calculate FMLA leave

03/05/2012

Employers that don’t take the time and effort to understand the ins and outs of the FMLA do so at their peril. Courts are beginning to lose patience and have started assessing employers double damages for FMLA violations. Something as simple as not making sure employees understand what method you use to calculate FMLA leave entitlements can mean huge liabilities …

Know what qualifies as a legitimate reason to take FMLA leave

02/29/2012

Some employees think they’re entitled to FMLA leave for every sickness and family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones.

Document why you denied FMLA leave request

02/24/2012

It may seem clear to you that an employee with a minor medical problem isn’t eligible for FMLA leave. But that doesn’t mean the em­ployee won’t sue if you turn down her leave request. That’s why you must be prepared to explain your decision.

For new mom with very ill baby, what are our FMLA and unemployment obligations?

02/22/2012
Q. A long-standing employee recently took FMLA leave to give birth, but her son has many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she herself is not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would our employee be entitled to unemployment compensation if we terminate her?

Employee acting as her own lawyer? Prepare for a long slog through the legal system

02/22/2012
Ten years of litigation has finally come to an end now that a federal appeals court has tossed the last claims of an employee who acted as her own lawyer.

FMLA: Count reduced-hours accommodation

02/15/2012
Here’s something to consider when you approve a disabled employee’s request for a reduced work schedule as a reasonable accommodation: You can count the hours not worked against her FMLA entitlement.

DOL releases updated FMLA forms

02/13/2012
The U.S. Department of Labor has released new updated FMLA certification and notification forms used by employers. The forms expire in May 2018.

Court rules on early FMLA protection: Never fire for requesting leave in advance

02/13/2012
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.

Don’t take malingering employee’s bait: Calling in sick shouldn’t trigger FMLA query

02/13/2012

Some employees believe all they have to do to invoke FMLA leave protection is call in sick and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Does FMLA cover prenatal appointments?

02/09/2012
Q. One of our employees is expecting a baby and would like to count the time she spends at pregnancy-related doctor’s appointments as FMLA leave. Are we obligated to allow intermittent leave for doctor’s appointments?