FMLA

Accommodation failing? Focus on performance

12/13/2013

Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?

Does your employee discipline have to be identical?

12/13/2013

Before your organization disciplines an employee, it’s always important to ask these questions: Have other employees violated the same policy? If so, what action did we take against that other employee? How similar are those two situations? One court recently said employers shouldn’t search for “identical” situations—“similar” is good enough.

Termination for legitimate business reason trumps FMLA

12/10/2013

Employers can terminate an employee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Does FMLA cover colds and flu? It’s not a question to sneeze at

12/10/2013

When Congress drafted the FMLA more than 20 years ago, colds and the flu were frequently mentioned as examples of illnesses not meant to be covered. However, FMLA regulations do provide for exceptions if an employee’s influenza is particularly serious, involves complications or requires hospitalization or continued medical treatment.

Pregnancy Discrimination Act doesn’t require accommodation of pregnancy complications

12/02/2013

The PDA outlaws treating pregnant women worse than employees who aren’t pregnant. However, it doesn’t require affirmative steps to help them deal with complications. Employers are complying with the law if they give pregnant women the same time off or temporary light work assignments they give other temporarily impaired workers.

Document efforts to get FMLA certification

12/02/2013

There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.

FMLA: Military Family Leave

12/01/2013

HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Employee prone to mistakes? That doesn’t mean she’s disabled

11/27/2013

Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.

On eve of flu season, know what FMLA covers

11/06/2013

Every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave. The regulations state, “Unless complications arise, the common cold [and] flu … do not meet the definition of a serious health condition and do not qualify for FMLA leave.”

Grant FMLA leave for pregnancy-related issues

10/30/2013

Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.