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The Employer Handbook BlogI ran my mouth for an hour and six minutes about the FMLA/ADA interplay
Articles Posted in Family and Medical Leave
There is no right to be completely left alone while on FMLA leave
One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much?
I’ll get to that in a second.
#HelpShaneFightCancer
FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it
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.”
Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it?
Break ’em off Eleventh Circuit Court of Appeals:
FACT OR FICTION: An FMLA-eligible employee can decline FMLA leave
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.”
One of your FMLA-eligible employees walks into HR one day and says that she has a serious health condition and would like to take time off to treat her injury. However, the employee, who has paid time off banked away, says that she’d like to dip into her bank of PTO and exhaust that without using any of her 12 weeks of FMLA.
Can your employee affirmatively decline to use FMLA leave, even if the underlying reason for seeking the leave would have invoked FMLA protection?
Requiring a doctor’s note for each FMLA absence may be unlawful
Those four-letter federal employment statutes — FMLA and FLSA — can be a real pain in the ass, amirite?
Today’s let’s focus on a major employer pitfall: intermittent leave under the Family and Medical Leave Act.
The FMLA regulations define intermittently leave this way:
FACT OR FICTION: Snow + Office Closed = FMLA Day
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.”
One of your employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the office.
Do you still count today’s snow-induced office closure towards the 12 workweeks of FMLA to which your employee is entitled?
New bill in Congress will revamp FMLA to cover smaller employers
How about cutting the 50-employee requirement for covered employers in half?
So, if you have 25 or more employees working within 75 miles of one another, they would be eligible to take leave under the Family and Medical Leave Act.
And that’s just part of the Family and Medical Leave Enhancement Act of 2014, which Rep. Carolyn B. Maloney (D-NY) introduced in the U.S. House of Representatives earlier this week.
Husband’s “kill list” is your green light to fire an employee on FMLA
Take it from your ol’ buddy Eric.
Let’s say that your employee is on FMLA…
And let’s say that, while your employee is on FMLA, you learn that her husband is involved in a motorcycle gang…
What happens in Vegas, becomes an FMLA claim. Really.
Back in 2012, I blogged here about an employee who took her mother to Las Vegas on a vacation. The two ladies spent time playing slots, shopping on the Strip, people-watching, and dining at restaurants. The mother had terminal cancer, but had no specific plans to seek medical treatment in Las Vegas and was never hospitalized or treated by a physician.
When the employee returned to work, she soon became a former employee, immediately terminated for what her employer determined to be unauthorized absences.
The employee then sued for violations of the Family and Medical Leave Act.
The most clicked, hella-best HR-compliance updates from 2013!!!
Ah, it was a good year at the ole Handbook.
Total web traffic was up over fifty percent from 2012. And average time per visit was down over 20%, which is fine by me. I pad my important stats, while discouraging loitering.
And we got our first visitor from Uzbekistan. And the fifth most common search phrase that brought visitors to the site was “Kenny Powers.”