Family and Medical Leave

Help me, Handbook. How do I track intermittent FMLA leave?

September 23, 2015 | by Eric B. Meyer

One word: Outsource.

See you tomorrow.

Oh, you mean some of you actually do this yourselves?!? Ok. As you should know, in certain circumstances eligible employees may take leave under the Family and Medical Leave Act intermittently or on a reduced leave schedule. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason.

Here’s how to account for intermittent FMLA leave. Continue reading

Paid-FMLA poll results and an employment law blog carnival

September 17, 2015 | by Eric B. Meyer

Yesterday, I asked you — and when I say you, I’m referring to the best change-agents in the entire universe — whether you were cool with the government requiring your businesses to provide a modest amount of paid family and medical leave to employees.

Of those who responded to the poll — I’m talking the thought-leaders here who clearly deserve a place at the table — 53% said yes; 41% said no.

The rest of you said “baba booey.”

POLL: Should Congress require companies to provide paid family and medical leave from work?

September 16, 2015 | by Eric B. Meyer

Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance Leave (FAMILY) Act is currently pending in Congress. This bill would provide create a family and medical leave insurance program.

As the debate over government-mandated paid sick leave continues, Patrick Kulp at Mashable reports here that over 200 faculty members from 88 institutions across the country, including MBA programs at NYU, Harvard and Wharton, have signed this open letter calling upon Congress to adopt a national paid family and medical leave policy.

FMLA Basics: Which employees are eligible to take leave? And are there any exceptions?

September 4, 2015 | by Eric B. Meyer

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:

SHRM hosted a Twitter chat on tricky ADA/FMLA issues. Guess who’s got the full recap?

August 20, 2015 | by Eric B. Meyer

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.)

P.S. – Special shout out to my little guy Pierce, who turns three today. May next year bring him his first body bopper victory over his older sister.

What the Supreme Court’s marriage-equality decision means for your workplace.

June 29, 2015 | by Eric B. Meyer

Ok, presumably, I’m not the only employment lawyer trying to apply the Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today.

#noguarantees Continue reading

3d Cir: No serious health condition? No problem. You too may have FMLA rights.

June 23, 2015 | by Eric B. Meyer

Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.”

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…

The Department of Labor issued new FMLA forms #NudgeTheInternet

May 29, 2015 | by Eric B. Meyer

[music]

Here they are:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

Short of saying F-M-L-A, what must an employee do to get FMLA leave?

May 15, 2015 | by Eric B. Meyer

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

5 FMLA facts that may surprise even the most-seasoned HR pros

April 28, 2015 | by Eric B. Meyer

How do I top yesterday’s FMLA cluster?

That’d be like asking a pitcher who just threw a no-hitter to get back out there and pitch another one. Well, gimmee a second to limber up, grab my rosin bag, and, Imma start dealing a few FMLA curveballs.

(See what I did there?) Continue reading