When an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee? According to a recent federal court decision, the answer is Yes. And failing to do so sets the employer up for an FMLA interference claim.
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
Employer’s ‘Honest Suspicion’ of FMLA Abuse Enough to Dismiss FMLA Claims
Carrier Corp. had enough of its employees abusing FMLA leave, so it played the ultimate trump card — the Company hired a private investigator to conduct surveillance on 35 employees who were suspected FMLA abusers. One of the 35 was Daryl Scruggs, who served as a brazier (one who torches parts into fan coils) for the Company.
Using “Rolling” Method to Calculate FMLA Leave Almost Always the Best Choice for Employers
There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken.
Supervisor’s Comments After Employee Seeks Leave for Hysterectomy Creates Viable FMLA Claims
Remember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery?
Is Time Spent Filling Your Prescription at Walgreens Covered by FMLA?
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of months and is on prescription medication. He’s been approved for intermittent FMLA leave as a result of his serious health condition(s).
DOL’s New Employee Guide to the FMLA Issued: What’s the Impact on Employers?
Earlier this week, the U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too many workers don’t know about their rights under the FMLA and fail to take advantage of its protections,” as stated in a DOL press release earlier this week.
DOL to Host a Complimentary Webinar Tomorrow to Discuss Basics of FMLA
On Wednesday, June 27 (tomorrow!), the Department of Labor will host a complimentary webinar to assist employers and employees in better understanding the Family and Medical Leave Act.
DOL to Host Webinar on FMLA
The Wage and Hour Division of the Department of Labor (DOL) has announced that it will host a free webinar on June 27, 2012 at 2:00 pm EST to help workers and employers understand the Family and Medical Leave Act (FMLA). According to the DOL, participants will have the opportunity to submit questions that will be answered by an FMLA expert from the department. Those who wish to participate can register on the agency’s web site at: http://www.dol.gov/whd/fmla/ (click on the FMLA Webinar Page).
FMLA FAQ: When Employee on FMLA Leave Indicates They Will Not Return From FMLA Leave, What Should an Employer Do?
Here’s a question from the client inquiry line this past week, and it pops up often enough that I figured I would share:
It’s a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken
In a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
FMLA FAQ: Must an Employer Designate FMLA Leave When the Employee Does Not Want to Use FMLA Leave, or When the Employee Fails to Mention FMLA?
One of our employees will be absent for a serious health condition. However, the employee prefers to use his accrued sick days instead of FMLA leave.
Two Medical Conditions Can Equal One FMLA Serious Health Condition
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As reported by my colleague, Scott Cruz, last week, an employee may be able to add up two medical conditions — neither of which would alone constitute a serious health condition under the FMLA — to take FMLA leave.
Requiring Employees to Return to Work With No Restrictions or To Be “100% Healed” is a Huge Risk for Employers
There must be something in the water. Over the past few months alone, I have reviewed a number of employers’ policies and correspondence regarding an employee’s return to work from a leave of absence. What has been surprising to me is the number of employer policies that require an employee to return from leave with “no restrictions” or “100% healed.” Consider the following requirement, which was embedded in an employer’s return to work notice at the conclusion of FMLA leave:
DOL Extends Comment Period for Proposed FMLA Regulations to April 30, 2012
On February 15, the Department of Labor published proposed regulations to the Family and Medical Leave Act in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave.
FMLA FAQ: Can an Employer Require an Employee to Make Up Time Taken as FMLA Leave?
We have an employee who works four days per week. He regularly calls off work one day every other week due to his chronic bad back. Can we require that he “make up” his day off later in the workweek?