The Family and Medical Leave Act allows eligible employees to take up to 12 workweeks of unpaid leave in a 12-month period for a variety of reasons, including for one’s own serious health condition. An employee with a serious health condition can take FMLA leave if the employee satisfies three additional requirements:
The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up at night.
(Me? I sleep comfortably on a pile of money on top of another pile of money. Thanks for asking.)
Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious health condition, read on…
Here they are:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
- WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
- WH-382 Designation Notice (PDF)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
- WH-385 Certification for Serious Injury or Illness of Covered Servicemember — for Military Family Leave (PDF)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)
Now, I haven’t run my full dork analytics on these jawns. However, just by eyeballing them, I can see that the Department of Labor has finally acknowledged a little statute called the Genetic Information Non-Discrimination Act. *** slow clap *** While the forms don’t contain the full GINA safe-harbor language, the DOL does remind both employers and health care providers to comply with GINA.
(And, hey, y’all! If you notice any other changes in the new forms, hit me up in the comments below).
You don’t have to use these forms verbatim; that is, you can tweak them — provided that you still comply with the FMLA (e.g., by spelling out the safe harbor). But, if you are inclined to use the DOL’s FMLA forms, ditch the old ones that expired in February, and use these.
Y’all enjoy yesterday’s Thursday Giveaway. (Y’all, huh. Look at me. You can take the boy out of Texas, but…). Anyway, if you missed out on getting a copy of that background check PowerPoint and webinar, just
send me 1.21 gigawatts, Libyan-grade plutonium, and a selfie stick email me and I’ll still hook you up.
Now, let’s talk about notice under the Family and Medical Leave Act.
Specifically, in those situations in which an employee doesn’t use the letters F-M-L-A, what can that employee say or do to still qualify for leave? Continue reading
With four years of blogging under my belt, I have a pretty good sense of what may audience comes to expect from this labor and employment law blog:
typos grammar errors
- “where does Eric find this stuff” posts
ADA and Burger King?!? Has someone been eating too many Whoppers? No.
But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.
Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers!” with me yesterday at the Disability Management Employer Coalition (DMEC) FMLA/ADAAA Employer Compliance Conference.
(If you want a copy of our PPT, please email me. I got you.)
During the takeaways from our presentation, I went with the tried-and-true, educate your employees about the procedures for requesting FMLA/ADA accommodations, and train your managers how to spot these requests, especially where the letters FMLA or ADA are not used.
But, Mike, who killed it yesterday during our presentation — the Penn to my Teller, the Bart to Milhouse — made it real simple. He suggested that companies train managers who deal with ADA requests to think about Burger King’s old slogan, “Have it your way.”
In other words, adopt a customer service mindset. By asking an employee what the company can do to accommodate a disability, the manager immediately helps promote the goals of the ADA: a good faith interactive dialogue designed to accommodate an employee with a disability to allow that employee to perform the essential functions of the job — unless doing so would create undue hardship for the employer.
So, next time an employee requests an accommodation, extra pickles, hold the tomato, and, “have it your way.”
(Unless there is another reasonable accommodation available or the accommodation would create undue hardship. But, you get the idea).
This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act.
Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep, when you choose to work from home, and tell your employer that you are working from home
that makes Ford Motor Company angry, you wouldn’t like it when Ford gets angry, your employer doesn’t need to offer you FMLA, or let you know that you qualify for FMLA. Continue reading