FMLA

Don’t interfere with overseas FMLA leave

05/27/2011

You may have an employee or two with relatives living in foreign lands. While it may not be an issue that comes up often, you should be prepared to handle requests for time off to care for sick relatives overseas. Don’t try to put unreasonable obstacles in the way.

Consider ADA issues once FMLA, personal leave expire

05/27/2011

Do you automatically terminate employees who can’t return to work after exhausting FMLA leave and personal leave? That could violate the ADA.

The FMLA: When does 50 not equal 50?

05/25/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility.

Be prepared to prove you had reasonable cause to deny reinstatement after FMLA leave

05/20/2011

Employers that deny an employee the right to reinstatement after protected FMLA leave must make sure there’s solid proof that there was a rational reason for doing so. As a practical matter, that means employers must show that the employee would have lost her job regardless of whether she took FMLA leave.

Is FMLA available for weight surgery? Kidney donations?

05/19/2011

Q. We have a very overweight employee who wants to have a weight-reduction surgery. This will be expensive and she may be off work for up to six weeks. Do we have to grant her FMLA leave for that time?

You can demand that employees respond to FMLA leave questions

05/13/2011

Employees don’t always give their employers much notice that they need FMLA leave. Nor are they always specific. Now the 7th Circuit Court of Appeals has issued a ruling that clarifies what’s expected of both employer and employee in such circumstances.

When does 50 not equal 50? FMLA coverage versus FMLA eligibility

05/06/2011

Disciplining? Consider employee’s FMLA status

05/06/2011

Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011

Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.

Is employee really disabled? Use common sense

04/28/2011

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?