Practical HR Tips, News & Advice. Updated Daily.
Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)? Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under […]
Question: If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available? Answer: The FMLA has some restrictions on when an employee can take leave for birth or bonding […]
An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier this year, by a 2-to-1 vote, a federal appeals court gave an emphatic “yes” in response. High-Pressure Job Marianne Wayland […]
Question: One of our employees is on intermittent Family and Medical Leave Act (FMLA) leave. She’s gotten sick and claims it’s unrelated to her reasons for being on FMLA leave. Can we include these days in her FMLA time and have them go unpaid? Answer: No. Unless you have reason to believe she’s being untruthful, […]
Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]
The Family Medical Leave Act (FMLA) is riddled with all sorts of employer obligations and therefore with all sorts of potential violations. Recently, TCU gave a seminar on dodging an FMLA interference claim. FMLA Interference? The FMLA forbids employers from retaliating against an employee for seeking FMLA leave. It also (unlike most other employment laws) […]
In the evolving landscape of workplace dynamics, the concept of paternity leave has emerged as a significant point of discussion. While women have historically faced challenges related to maternity leave, the spotlight is now also on the rights and expectations surrounding fathers. As companies strive for inclusivity and equity, understanding the nuances of paternity leave […]
In an earlier post, I reviewed the basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. But, matters involving FMLA leave can quickly become complicated, especially in regards to the implementation of intermittent FMLA leave. Managing intermittent FMLA leave creates […]
We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite the fact the FMLA is celebrating its 30th anniversary this year, employers are still grappling with its […]
Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]