Category: Leave Management, Policy, and Compliance

Managing employee leave is one of HR’s most annoying (and thankless) tasks. First of all, there’s the federal FMLA, which is notoriously difficult to manage, and commonly gamed by employees. Stack on top of that state leave laws that usually conflict with the plus various pregnancy and disability laws. And then there’s the plethora of other types of leave like bereavement, jury duty, and military leave, each of which has its own quirks and challenges. This topic explores this in depth.

FMLA abuse

How Much FMLA Leave Is Too Much?

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee […]

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Leave

FMLA: Is Postoperative Care Considered a Serious Health Condition?

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. In a recent decision, the U.S. 2nd Circuit Court of Appeals—which covers Connecticut, New York, and Vermont—highlighted the need for employers to be more inquisitive—and perhaps more expansive—when determining whether a condition […]

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fraud

Forged Doctor’s Note Triggers FMLA Fraud Investigation

Recently, a Justice Department official offered this sage advice: “If you’re going to defraud the government with a doctor’s note, make sure to spell the name right.” This was exactly the case for one Colorado U.S. Postal worker, who decided to defraud the government for 2 years—claiming she was suffering from cancer.

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New Survey Finds Only 32% of Employers Offer Paid Family Leave

Does your company offer paid leave for the birth or adoption of an employee’s child? If so, you’re among the 32% of employers who say they offer this benefit, according to a new survey released by Standard Insurance Company (The Standard)—in conjunction with the Disability Management Employer Coalition (DMEC).  

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caregiving

Bracing for the Boomer Bomb: How Senior Care Will Impact Your Workplace

Stories of companies introducing and expanding maternity and paternity leave plans have been well documented in the media. Whether a byproduct of the talent wars or recognition that there is, indeed, a business case for family-friendly benefits, these new supports are a net positive for new parent employees. But care is not reserved solely for […]

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healthcare

Health Benefits During FMLA Leave: Who Pays?

For many HR professionals, Family and Medical Leave Act (FMLA) administration is near—or at—the top of the list of most-hated-things-about-the-job. And given that the law is confusing and burdensome and nitpicky, it’s no wonder.

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Leave

Think You Can’t Terminate an Employee on FMLA Leave? Think Again

One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]

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Leave

ADA: Was AstraZeneca Employee’s Request for 12-Month Leave Extension Unreasonable?

It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals […]

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