FMLA

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Don’t use second opinion to reject FMLA leave–request a ‘tiebreaker’ opinion

05/31/2011

The FMLA lets employees take up to 12 weeks off for their serious health conditions. If an employee gets a certification showing she has a serious health condition, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tiebreaker.

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