• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

Timing is everything in FMLA retaliation case: Keep careful records when making decisions

07/15/2014
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

You can enforce call-in rules for employees on FMLA leave

07/15/2014
Employers that have call-in procedures for absences can require that employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

Remind bosses about risk of personal liability

07/14/2014

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides on discipline, hiring and other issues—or else face the consequences.

DOL announces new definition of ‘spouse’ for FMLA purposes

07/09/2014

United States v. Windsor struck down a Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law. Now the Department of Labor has issued rules extending FMLA protections to same-sex married couples.

Comments open on FMLA coverage for same-sex spouses

07/09/2014
Want to weigh in on the proposed regulations that would extend FMLA protections to same-sex spouses regardless of where they live? The Department of Labor is now accepting public comments.

FMLA: Need certification or is a doctor’s note OK?

07/04/2014
Q. Do employers have to request an official certification form for all FMLA situations, or can a physician’s note be enough for an employer to designate FMLA?

You can insist: Employees waiting on FMLA certification must follow call-in policy

07/02/2014
Employees who have a pending request for FMLA leave and are just waiting for their doctor to provide the required medical certification must still follow call-in rules. Have a clear policy in place so employees understand what is expected before, during and after their FMLA leave request.

OK to demand proof of full health after FMLA

07/02/2014
Qualified employees who take FMLA leave for their own serious health conditions are entitled to return to their old jobs or equivalent ones once their leave is over. But that’s only true if they are fully healed and able to do their jobs.

FMLA, 401(k)s extended to same-sex spouses

07/02/2014
Employers continue to feel the impact of last year’s key U.S. Supreme Court ruling in U.S. v. Windsor, which struck down a federal law that had denied federal benefits to legally married same-sex couples. There have been two new developments.

Can manager ask about worker’s reason for FMLA?

06/25/2014
Q. When HR receives an employee’s completed FMLA certification form, does the employee’s supervisor have the right to see the form and know the medical reason for the FMLA leave?