Tag: FMLA

Pending Federal Legislation Would Create New Leave Mandates for Employers

The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency […]

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]

Employees Have a Duty to Reveal Serious Health Conditions under FMLA

by Chris LaRose In a decision issued August 25, the Eighth U.S. Circuit Court of Appeals ruled that the trial court properly threw out an employee’s Family and Medical Leave Act (FMLA) case. The lawsuit stemmed from the employee’s demotion after four unexcused absences. The employee argued that his absences should have been considered FMLA […]

DOL to Abolish Employment Standards Administration

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

What to Do When Contagious Illnesses Come to Work

by Susan Fahey Desmond You’ve probably had enough of hearing about the swine flu (now called the H1N1 virus). It’s front-page news across the world. We are now in a full pandemic as defined by the World Health Organization, but the first thing to understand is not to panic. Your company may already have been […]