FMLA

Obesity is Now a ‘Disease,’ AMA says; What’s That Mean for HR?

08/09/2013

The American Medical Association (AMA) this summer officially designated obesity as a “disease”—instead of as a condition. The AMA’s designation does not carry any official change in the law or regulations. But experts say it could increase the likelihood that obese employees will be deemed “disabled” under the Americans with Disabilities Act (ADA), plus increase your organization’s workers’ comp costs.

Must we give FMLA leave for cosmetic surgery?

08/09/2013

Q. An employee lost weight and is having excess skin removed and a breast lift. There will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition?

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013

Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, regular attendance is a reasonable work expectation.

Employees’ FMLA leave is inconvenient? Too bad! That’s no excuse for termination

08/02/2013

Employees take FMLA leave at the darnedest times—often when you can least afford to lose them. And FMLA leave can be doubly frustrating when it’s taken by an employee who’s already had attendance problems. But if that employee has an FMLA-qualifying serious health condition, there’s really nothing you can do.

Indefinite leave isn’t a reasonable accommodation

07/30/2013

Sometimes, employers must grant more time off to disabled employees if their FMLA and other leave has expired. But they don’t have to if doctors can’t estimate a return-to-work date.

Discovered shoddy work during FMLA leave? You’re within your rights to terminate

07/30/2013

Once in a while, it takes an employee’s long-term absence to discover that she hasn’t been doing her job very well. Remember, the FMLA doesn’t provide protection from discipline that the employee would have earned had she not taken leave.

Certain industries hit extra hard by FMLA absences

07/29/2013

FMLA absences are on the rise, and some sectors—particularly manufacturing, hotels, health care, call centers and government entities—far surpass others in terms of FMLA absenteeism rates, says a new report by EAP provider ComPsych.

How to avoid being sued for caregiver discrimination

07/26/2013

While family responsibility discrimination (FRD) is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), a number of laws provide protection for employees with caregiving responsibilities.

Cancer doc says he was fired for FMLA advocacy