FMLA

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

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, which both have the magic number 50 as a key component.

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?

Can we request a note for all intermittent leaves?

04/28/2011

Q. We have an employee who was approved for intermittent FMLA leave. Can we request that she provide us with a note from her doctor each time she misses work? Or do we have to trust her when she says she had a “flare-up” and couldn’t work?

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

Accruing sick leave while on FMLA

04/15/2011

Q. If an employee is on FMLA paid sick leave, can we stop her from accruing sick leave while out?