Tag: FMLA

What’s an FMLA ‘Qualifying Exigency’?

by Robert P. Tinnin, Jr. Q. In January of this year, amendments to the Family and Medical Leave Act (FMLA) became effective, adding certain types of leave for family members to help relatives serving in the military. I understand the leave is available for a “qualifying exigency.” What is that? I recently had an employee […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

When FMLA and Holidays Collide

(Updated Jan. 11, 2010) A case of first impression! While those words may mean little to you, dear readers, rest assured that when the First U.S. Circuit Court of Appeals issues a decision interpreting specific provisions of the Family and Medical Leave Act (FMLA) for the first time, we leap for joy — especially since […]

Employers May Challenge Suspicious FMLA Leave Requests

by Kara Shea The following case provides some hope for employers that find themselves continually dealing with suspicious leave requests under the Family and Medical Leave Act (FMLA). It shows that you don’t have to accept a medical certification form at face value. HR Guide to Employment Law: A practical compliance reference manual covering 14 […]

What To Do When the FMLA Lights Come Up

You’re sitting in your favorite HR juke joint, crying into your beer over the pain and heartache your employees have caused you this week. After a few cold ones, solving the world’s HR problems begins to look simple. Then, as you near that moment of perfect clarity, the lights come up and the bartender shouts, […]

HR Audit: A Measure of Success

Not unlike an annual employee performance evaluation, an HR or employment law audit provides an objective means to measure the effectiveness of HR functions with respect to productivity, efficiency, and morale, among others. As a risk-management tool, an audit can identify obsolete or ineffective practices and flag compliance issues. In fact, employment practices liability insurance […]

Family Responsibility Discrimination

Consider the following two scenarios: A male employee requests extended leave to provide at-home care to a sick child. Instead of evaluating the request based on his eligibility for leave, the employer questions why the child’s mother can’t care for her. A qualified female employee with two preschool children is considered a “poor fit” for […]