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Articles Posted in Family and Medical Leave

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Got disability-leave questions? Two greats have your FMLA/ADA HR answers.

Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner…

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86 the “100% cured” policy for employees returning from FMLA leave

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…

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I have a little Family and Medical Leave Act treasure map for you.

The treasure being compliance. So, not exactly riches; somewhat less exciting than Indiana Jones discovering the lost ark. Except, this treasure won’t melt your face off. And you’ll be adorned in HR-compliance. You can’t really place a value on that now, can you? So, lucky you! The U.S. Department of Labor,…

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Only an FMLA nerd would like this post

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…

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Vague policies + poor HR communication = FMLA disaster

  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. She got…

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Guess what, you guys? HR Directors can be sued for FMLA violations too.

“I didn’t sign up for this!” — Most of you. And the rest of you are like… The HR Director may be an “employer” too. Hey! Don’t shoot the messenger. Instead, those sharp daggers coming out of your eyes should be directed at the Second Circuit Court of Appeals. Indeed, last week, the…

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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.   An employee at a small company is supposedly offered FMLA. In Weissberg v. Chalfant Manufacturing Co., Inc.…

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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,…

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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… The…