FMLA

OK to demand proof of full health after FMLA

07/02/2014
Qualified employees who take FMLA leave for their own serious health conditions are entitled to return to their old jobs or equivalent ones once their leave is over. But that’s only true if they are fully healed and able to do their jobs.

FMLA, 401(k)s extended to same-sex spouses

07/02/2014
Employers continue to feel the impact of last year’s key U.S. Supreme Court ruling in U.S. v. Windsor, which struck down a federal law that had denied federal benefits to legally married same-sex couples. There have been two new developments.

Can manager ask about worker's reason for FMLA?

06/25/2014
Q. When HR receives an employee’s completed FMLA certification form, does the employee’s supervisor have the right to see the form and know the medical reason for the FMLA leave? 

Administration to extend FMLA rights to all same-sex spouses

06/20/2014
The Labor Department's proposed rule would affect employees nationwide.

Demand the medical info you need to set up ADA accommodations

06/18/2014

Disabled employees are entitled to reasonable accommodations, which must be decided on the basis of an interactive discussion between the employer and employee. Some employees, perhaps sensitive about their medical histories, try to limit the information their employers can see. That can compromise the interactive process.

Employee's out of FMLA: What options are left?

06/16/2014
Q. An employee has been out on leave and has now run out of FMLA leave. It’s unclear when she will return. Can we terminate her employment?

Is it possible to apply FMLA retroactively?

06/16/2014
Q. We have 75 employees at our one facility. An employee recently took two months off for a serious operation. We did not classify this as FMLA leave, but now we think we should have. What can we do?

Ensure past FMLA leave doesn't affect decision to rehire rebound applicant

06/16/2014
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.

Let other leave fill gap until FMLA eligibility

06/16/2014
Employers can’t fire an employee who is about to reach the thres­­hold for FMLA eligibility if the em­­­­­­ployee has other accrued leave available to bridge her to FMLA eligibility.

Post-FMLA exam is OK--after reinstatement

06/10/2014

Before approving FMLA leave, an employer can require medical certification of the need for leave. But when it’s time for the employee to return from leave, employers can’t demand additional evaluations beyond the certification a doctor supplies showing the employee is ready to resume work. But what if the employer worries that the employee really can’t perform her job?

Abused employee: Give her FMLA or let her go?

06/06/2014
Q. An abusive boyfriend sent nude photos of one of our employees to other employees. We’ve deleted everything from our server and blocked his email. But now we have complaints from other employees that we should have fired the employee. We did not. In fact, we let her take FMLA leave due to the depression she suffered. How should we handle these co-worker complaints?

Employer gets to choose ADA reasonable accommodation

06/02/2014
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

State employees can't double-dip on FMLA claims

06/02/2014
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Part-time schedule may not be ADA solution

05/28/2014
Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.
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