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The Employer Handbook Blog
Articles Posted in Family and Medical Leave
You mistakenly offered FMLA leave to an ineligible employee. Now what?
Don’t worry. Eric’s here. And I’ve got Scooby Snacks.
Actually, I’ve got FMLA knowledge, which is better than Scooby Snacks. And, besides, I ate all of the Scooby Snacks. Sorry, I was hungry.
It’s fairly safe to assume that an employee with chest pains needs FMLA.
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?
How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).
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…
BUSTED!!! Vacation photos on Facebook doom an employee’s FMLA claims
If 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.
FMLA and Migraines and Facebook and other things that will make you want to click
What happens when a registered nurse, who takes intermittent FMLA leave for her migraine headaches, has a such a bad one that it causes her to fall asleep at work? Can the company fire her? Will that violate the FMLA? Who wins this head-on collision?
Will Eric stop asking questions, and just answer them already?
What can you do about employees missing work today with a Super Bowl hangover?
Panthers. Broncos. Meh.
Doritos won the Super Bowl, amirite?
But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?
Ok, it’s my turn. Can you forbid an employee from job hunting while on FMLA leave?
On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.
As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.
Unreported hours worked may count towards FMLA-eligibility hours. Wait…WTH!
1,250 hours.
An employee needs to have worked at least 1,250 hours during the 12 months prior to the start of leave under the Family and Medical Leave Act to be eligible to take qualified leave.
Migraines! They are the bane of your FMLA world, HR. Amirite?
Lest anyone consider me a heartless mongrel. (Other than you plaintiff’s lawyers, of course). I understand that many folks suffer from migraine headaches. Really bad, debilitating, serious health condition migraines. I get it. And, I sympathize. I’m sorry.
That said, poll a room of HR professionals. With hella-side eye, they’ll tell you stories of employees — often the ones with performance, attendance, and disciplinary issues — taking intermittent leave under the Family and Medical Leave Act for migraine headaches. The ones that get especially bad on Fridays and Mondays. You know what I’m talking about.