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FMLA

FMLA leave doesn’t mean immunity to RIFs

10/26/2011
When faced with a reduction in force, employees who are out on FMLA leave don’t enjoy greater protection than other employees. For example, being on maternity leave does not exclude an employee from being considered for the RIF. That would give those on FMLA leave rights above and beyond those of other employees.

Must you allow FMLA leave before childbirth?

10/26/2011
Some employers mistakenly believe that women can’t take FMLA intermittent leave when they become pregnant. That’s simply not true. Women may take intermittent leave for normal prenatal care and any “incapacity” during pregnancy.

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

You can discuss worker’s performance during FMLA leave

10/18/2011
Generally, employers shouldn’t ask employees on FMLA leave to perform any work or deal with work-related problems. But that doesn’t mean there aren’t times you may need to speak with the employee.

Sometimes it’s OK to fire before parental leave

10/17/2011
Many employees believe that the FMLA and its state counterpart, the Minnesota Parental Leave Act (MPLA), absolutely prevent an employer from terminating someone who asks for or takes parental leave. That’s not the case.

If FMLA will soon expire, start interactive ADA process

10/12/2011

If you immediately fire employees who have used up their FMLA leave—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake. Instead, let the employee know you want to begin the interactive accommodations process right before FMLA leave runs out.

Parenting leave: To whom must notice be given, and can we require use of vacation leave?

10/12/2011
Q. I have a couple of questions about the parenting leave. We have 33 employees, so we are not subject to the FMLA. Can we require an employee to give ad­­vance notice of the need for leave to HR instead of the employee’s supervisor? Also, can we require em­­ployees to substitute paid vacation days while on leave?

Loose lips, poor timing may spell FMLA trouble

10/12/2011

When it comes to reductions in force, employees on FMLA leave don’t have greater rights than those who haven’t taken FMLA leave. That means if an employer can show it would have chosen the FMLA leave-taker for termination even if she had been at work, there’s no FMLA violation. But employers that are sloppy about the RIF process may end up in court.

Document efforts to ease return from FMLA

10/12/2011
When employers get sloppy and don’t document their decision-making proc­­esses, things can get dicey. Consider what happens when an employee experiences work stress and starts taking FMLA and other leave. In one recent case, the employer was smart enough to carefully track its efforts to both accommodate an employee and get her back to work.

Counting paid time off as FMLA leave? Tell employee you’re running them concurrently

10/11/2011
The FMLA says that employers can run out the FMLA clock by counting paid time off against the 12-week entitlement. Smart employers make sure that employees understand that’s how it works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the clock was ticking.