Tag: Leave Management

FMLA Retaliation or Unauthorized Use of Vacation Time?

By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]

Ask the Expert: Can We Require PTO Use during Short Term Disability Leave?

Question:I am looking for best practices on requiring or not requiring use of PTO in our Short Term Disability leave policies. Answer: When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the […]

Ask the Expert: Leave for Adult Son’s Recovery from Surgery

I have a question regarding taking leave for an adult son.  An employee’s son has to have back surgery.  He is not incapable of self-care (has a full time job, etc). However, after the back surgery he is going to need help with his recovery. Will this fall under the FMLA for her to take […]

What to Do When State and Federal Leave Laws Differ

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on determining in loco parentis. Now we’ll look at what to do when your state leave law differs from the federal FMLA law.

Documentation, Consistency Protect Employer from FMLA Retaliation Claim

By Charlie Plumb, JD, McAfee & Taft Taking action against an employee after she returns from a Family and Medical Leave Act (FMLA) absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about her performance issues. So how should an employer handle disciplining someone who is returning […]

Do You Offer Paid Family Leave?

Yesterday’s Advisor took a look at how the slew of sick leave laws have left a new trend in their wake: paid family leave. Today we’ll look at the Department of Labor’s (DOL) plan to research this type of leave.

Paid Family Leave: The New Trend?

The seas of HR are filled with paid sick leave legislation at the state and federal level. In the wake of such changes, a new paid sick leave trend just might be emerging—paid family leave.

FMLA: Avoiding Mistakes

FMLA administration can be cumbersome—some may feel that’s a vast understatement!— which means it is rife with opportunities for mistakes. And an FMLA mistake can have repercussions that impact both the employer and the employee(s).

Determining FMLA Eligibility: In Loco Parentis Status

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the requirements that are used to determine FMLA family care, now we’ll look at determining in loco parentis status.