Tag: FMLA leave

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

When Are Chiropractors ‘Health Care Providers’ Under the FMLA?

A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA What FMLA says about chiropractors The […]

Attacking Motherhood and Apple Pie: Pregnancy Discrimination in the Workplace

by Al Vreeland What could be more noxious to the American soul than an assault on motherhood? We all have a mother (though some might question the genetic origin of lawyers). Many of us return to her apron strings when we need reassurance that we haven’t become fat and stupid (or at least completely so). […]

Are Your Policies Compliant with New FMLA Regulations?

by Mike Maslanka The Family and Medical Leave Act (FMLA) has been revised, and the regulations went into effect in January 2009. Time for a checkup of your company’s policies. Employers need to ask themselves the following questions: HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including hiring 1. Have […]

DOL Closer to Issuing New FMLA Regs

Update: New FMLA regulations issued by DOL on November 14, 2008 The U.S. Department of Labor (DOL) has sent to the Office of Management and Budget (OMB) its final draft of revised Family and Medical Leave Act (FMLA) regulations, which could be published in the Federal Register this month. These would be the first new […]

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 […]

DOL Issues Long-Awaited Proposed FMLA Regs

After many years of promising changes to the Family and Medical Leave Act (FMLA) regulations, the U.S. Department of Labor (DOL) last week issued new proposed regulations in an attempt to address some of the most common criticisms employers have about the previously issued final FMLA regulations. (You can view the proposed regulations at www.HRhero.com/fmla_update.pdf.) […]

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, […]