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FMLA

Complying with the Genetic Information Nondiscrimination Act

02/02/2011
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Always remind employees of their FMLA rights

01/28/2011
Some employers are especially generous when it comes to allowing employees time off for illness and other needs. Some even pay employees during their leave and allow them to use accumulated leave that extends far beyond 12 weeks. But that doesn’t mean they shouldn’t also tell employees about their FMLA rights.

Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

01/26/2011
Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

What are some strategies to stop employees from abusing intermittent FMLA leave?

01/14/2011
Q. What can an employer do to make sure employees are not abusing intermittent FMLA leave?

Bulletin board check: Is FMLA poster up-to-date?

01/14/2011
Is the FMLA poster in your break room up-to-date? If it’s not, courts could wonder if you’re serious about upholding employees’ right to take FMLA leave, as the following case shows.

Must small employers grant FMLA leave when an employee adopts a child?

01/14/2011
Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Get workers back fast from FMLA leave: Run FMLA concurrently with other leave

01/07/2011
You can and should use the FMLA rules to encourage employees to return from FMLA leave as soon as possible. One of the most effective ways is to run their unpaid FMLA leave time concurrently with any paid leave they may have coming. That way, they can’t use up that paid time first and get another 12 unpaid weeks.

Highland Village firefighter: Department harassed, retaliated

01/07/2011
A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.