Family and Medical Leave

Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC

February 27, 2015 | by Eric B. Meyer

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.”

(By the way, if you want to snag a copy of that webinar, drop me a line, and I’ll see what I can do about getting you a copy).

One point we emphasized during the webinar is that, for employees taking FMLA leave for their own serious health condition, companies need to have a plan to address the FMLA implications and the potential interplay — there’s that word again — with the ADA. Because, remember, leave may be a reasonable accommodation under the ADA. Continue reading

How a few missing employee handbook words may open your FMLA floodgates

February 4, 2015 | by Eric B. Meyer

You wouldn’t want to make the same egregious mistake as a Michigan employer. After the jump, I’ll discuss the colossal screw-up and help you avoid it.

Don’t worry. I’ll wait and listen to some Foo Fighters while you go grab your FMLA policy.

[Two bad words near the end of the Foo Fighters song. So, if you’re going to play it at work. Well, don’t play it at work].

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FMLA hits home

February 2, 2015 | by Eric B. Meyer

A gentle reminder that eligible employees can take leave under the Family and Medical Leave Act to care for an immediate family member (spouse, child, or parent — but not a parent “in-law”) with a serious health condition, like a bad respiratory illness that requires hospitalization.

Please send some good vibes to my little guy, Pierce.

FACT OR FICTION: Snow + Office Closed = FMLA Day

January 27, 2015 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

(Indeed, today, I’m so damn lazy, that I’m republishing a post from last year)

One of your employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the office.

If you have salespeople who take FMLA leave, drop everything and read this

December 30, 2014 | by Eric B. Meyer

You know it’s not that often that you read about a worker who prevails — before trial — on her claim that her former employer interfered with her ability to take leave under the Family and Medical Leave Act.

But, I’ve got one for you after the jump.

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Firing an employee for showing up to work drunk doesn’t violate the FMLA, you guys

December 19, 2014 | by Eric B. Meyer

Much in the same way that you don’t need to accommodate an employee who shows up drunk on Mike’s Hard Lemonade.

This is the stuff they don’t teach you in your PHR course curriculum, amirite?

More after the jump…

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What you need to know about the FMLA (in a sweet infographic)

November 21, 2014 | by Eric B. Meyer

Thank you to my friends at BambooHR for passing this along:

Telling an employee returning from open-heart surgery, “Don’t die at the desk” is bad. Very bad.

November 20, 2014 | by Eric B. Meyer

Also, threatening to drag that employee outside and throw him in a ditch. Yeah, that may fracture a law or two. I’m thinking the Family and Medical Leave Act.

Heck, even the Taliban would frown on that.

I got more on this for you after the jump…

HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent

October 29, 2014 | by Eric B. Meyer

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola.

As an employer, what are your obligations? What workplace laws are implicated?

And, of course, because half of you are thinking it, can you just fire her?

Because this post has nothing to do with clicks or SEO — nothing whatsoever — click through for the answers…

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You’d think emailing FMLA paperwork would be ok. Yeah, you’d think that.

October 20, 2014 | by Eric B. Meyer

Remember, over the Summer, when I blogged about how sending FMLA paperwork to an employee via first class mail is a big mistake.

Why? Because if the employee claims not to have received the paperwork, then you have no proof of delivery, and possible FMLA interference issues if the employee is somehow precluded from taking FMLA leave.

So, I offered three alternatives: