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Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions […]
Most conditions for which leave is sought will fall under the category of “incapacity and treatment.” Unfortunately, this is also the category that tends to be most difficult for employers to evaluate and manage.
by Lisa Berg One of employers’ most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees’ tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can […]
Questions regarding the Family and Medical Leave Act (FMLA) can get tricky. For example, if an employee is off work because of a medical condition, can the employer start the FMLA clock ticking even if the employee doesn’t want his time off counted against his FMLA leave allotment? And what about an exempt employee who […]
By Jason Ritchie The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws HR has to deal with. There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected. Recently, employment law attorneys from Holland & Hart in Billings, Montana, […]
First, the child must meet the FMLA definition of a “son or daughter.” Second, the child 18 years of age or old must be “incapable of self-care.” Third, the incapability for self care must be because of a mental or physical disability at the time FMLA leave is to commence. Fourth, the child must have […]
Under FMLA regulations, an employer may utilize DOL certification forms designed for this purpose (and why not use them, since you aren’t permitted to ask for any information not on those forms anyway?): Certification of Health Care Provider for Employee’s Serious Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) […]
by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]
By Francine Esposito Navigating the Family and Medical Leave Act (FMLA) medical certification process can be tricky for even the most seasoned HR professionals. Thankfully, most employees requesting leave for their own serious health condition legitimately need it and will provide the necessary documentation. Other employees, however, attempt to “work the system” to take what […]
by Chris LaRose In a decision issued August 25, the Eighth U.S. Circuit Court of Appeals ruled that the trial court properly threw out an employee’s Family and Medical Leave Act (FMLA) case. The lawsuit stemmed from the employee’s demotion after four unexcused absences. The employee argued that his absences should have been considered FMLA […]