Articles Posted in Family and Medical Leave

Photo Apr 30, 10 57 11 AM

My other car is a minivan

Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.

ADA violation…check!

But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?

Continue reading

nerd-23752_640
Hey there, dateless and lonely.

Are you a wait-in-line-after-a-SHRM-event-so-you-can-ask-the-speaker-your-random-FMLA-question-“for a friend”-fanboy/fangirl?

Then, step right up and head on over to Thompson’s HR Compliance Expert for the latest edition of “Opposing Counsel,” where employee-rights attorney, Donna Ballman, and I spike your HR-compliance dork punch with a splash of FMLA. Actually, it’s a double shot of Louis the XIII situations in which HR has to make a tough call about whether an employee is FMLA-eligible.

fmla

A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work.

But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson.

Continue reading

medicalleaverequest

Among other things, the Family and Medical Leave Act affords an eligible employee up to 12 weeks of leave from work in 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her job. We know that, to take covered leave, an employee doesn’t have to specifically reference the Family and Medical Leave Act or say “F-M-L-A” .

How, then, can an employee put the company on notice of the need for covered leave?

Continue reading

medicalleaverequest

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition.

Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again…

Continue reading

Busch Gardens Williamsburg Main Gate.jpgIf you take leave Family and Medical Leave Act, go on vacation, and post your pictures on Facebook, the odds are that your employer is going to find out about it. Why? Because your co-workers, the ones you friended on Facebook, but who really aren’t your friends, are going to snitch on you faster the Road Runner on Wile E’s Acme Rocket Skates.

Continue reading