FMLA

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018

While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.

Ensure employees know about intermittent leave

06/14/2018

Not every employee who needs FMLA leave has to take a continuous block of time off. They may need short amounts of leave to go to medical appointments, check in for brief hospital treatments or deal with flare-ups of their medical conditions. That’s what FMLA intermittent leave is for.

OK to offer option to work during FMLA leave

06/07/2018

You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a condition of continued employment.

Too small for FMLA to apply? Don’t count on it

06/07/2018

Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.

Disciplining disabled worker for absenteeism? Make sure she knows your rules

05/17/2018

It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.

Absences due to FMLA can count against calculations for performance bonus

05/09/2018

Generally, time spent on FMLA leave can’t be counted against an employee when, for example, tallying absences under a no-fault attendance program. However, calculations to figure a production bonus don’t have to “forgive” work missed because of FMLA leave.

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018

A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

Government bosses can be liable under FMLA

04/30/2018

Company supervisors who make family leave decisions and manage FMLA administration can be held personally liable for violations. Until now, it was unclear in California whether that liability extended to supervisors who administer the FMLA at public agencies. It is now clear it does.

Make sure employees follow all the rules when requesting FMLA leave

04/16/2018

The first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job. Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

OK to enforce no-moonlighting policy against employees who take FMLA leave

04/09/2018

Nothing in the FMLA specifically prohibits employees who take FMLA leave from moonlighting for another employer. But as long as employers clearly communicate it, it’s perfectly fine to enforce a no-moonlighting policy against any employee, including those who take FMLA leave.