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FMLA

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?

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
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.

Document exact timing of decision to fire

06/07/2011
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

Which of the following issues causes the biggest problems in your organization?

06/07/2011
When it comes to HR headaches, our readers say employment law issues take a back seat to run-of-the-mill gripes and clashes between co-workers.