Tag: Leave Management

Polishing Your HR Policies

Labor Day has come and gone. Our summer vacations are over, and it’s almost time for things like the NFL (your company isn’t sponsoring a betting pool, is it?) and the fall TV season, including The Office. In advance of the new season, now might be a good time to review your HR policies and […]

Family and Medical Leave: How Should We Handle Employees Who Regularly Call in Sick on Short Notice?

  A few of our employees call in sick on a semi-regular basis with legitimate but unpredictable health issues relating to conditions like epilepsy and asthma. Is this time off covered by FMLA/CFRA? The employees can’t give us much advance notice because their symptoms come on so suddenly.  —Anonymous   Many employers struggle with whether absences due […]

Is Bizarre Behavior ‘Notice’ for FMLA Purposes?

If an employee openly asks for Family and Medical Leave (FMLA) time off, that’s an easy call to make. But how about bizarre behavior? Does that constitute “notice” of the need for leave? And if so, wouldn’t any misbehavior be notice? Our expert sorts it out. Roy A. Ginsburg, a partner at Dorsey & Whitney […]

FMLA Medical Certification: What You Can and Can’t Get Out of It

There’s not much more annoying than FMLA medical certification. You finally get the employee to turn it in, and it’s useless: “May need to stay home sometimes” or “Employee shouldn’t lift too much.” What to do! In Yesterday’s Advisor, we talked about new challenges posed by the FMLA. Today we tackle one of the most […]

New Requirements Without Regs and Regs Without Requirements

As if it weren’t enough of a hassle, FLMA’s just gotten messier. The feds have added “servicemember family” leave—but without the regulations needed to administer it—and “qualifying exigency” leave—not required but “encouraged.” Here’s what you need to know. The Family and Medical Leave Act (FMLA), already HR’s least favorite law, has just gotten more so. […]

Family and Medical Leave: DOL Proposes Changes to FMLA Regulations; A Look at the Highlights

In February, the U.S. Department of Labor (DOL) published a long-awaited proposal to update and retool Family and Medical Leave Act (FMLA) regulations. The lengthy proposal covers notice requirements, medical certifications, eligibility, the definition of “continuing treatment” for a serious health condition, fitness for duty, and more. The changes are generally welcome news for employers.

Employee Leaves: What Should I Do When Managers Don’t Want to Reinstate Employees Who Went Out on FMLA/CFRA Leave?

We’re having problems with people coming back from FMLA/CFRA leave. Two particular situations worry us. In one case, the manager says, “I’ve redistributed the work and there’s no job anymore.” And in the other, the manager says, “We’ve hired a temp who is much better—we don’t want the person back.” Don’t we still have to […]