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FMLA

Consider additional leave as ADA accommodation

06/28/2011
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

Employee fails to pay premium while on FMLA leave: When can you drop coverage?

06/27/2011

Employees who are out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues. If he skips any payments, the employer can terminate coverage without violating the FMLA.

Weigh liability limits when structuring company

06/23/2011

Think you can split your business into separate entities to avoid being covered by some laws like the FMLA—and maybe limit the amount employees can collect if they sue under Title VII? Think again. That won’t work if the entities retain a centralized management structure.

Tally cost before replacing ‘key’ FMLA leave-taker

06/23/2011
Employers sometimes think they can replace key employees who take FMLA leave. Not true. They must show that reinstating the employee would have caused substantial and grievous economic injury to the company.

When do minor ailments become eligible for FMLA?

06/20/2011
Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?

Consider certification, job duties in determining if FMLA applies

06/17/2011

To be eligible for FMLA leave, employees have to show more than that they suffer from a serious health condition. They must also show that they can’t perform at least one essen­tial job function because they have that condition or are undergoing treatment for it. For employers, that means it’s necessary to compare the employee’s certification and his job description.

Different rules for pre- and post-birth FMLA leave?

06/17/2011
Q. We have a pregnant employee. She needs to take time off for medical appointments and perhaps complications. She then wants to take FMLA leave for birth and bonding. Should we require two separate medical certifications? And should we count all the medical appointments related to pregnancy against her 12 weeks of FMLA leave?

Suspect that ’emergency’ was bogus? When to ask for a (real) doctor’s note

06/16/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Feel free to deny employees’ FMLA leave requests that aren’t legitimate under the law

06/15/2011

Some employees think they’re entitled to FMLA leave for every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones. You should also require employees to follow your rules and provide adequate notice.

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?