In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:
Sure, at one time or another, we’ve all worked for some great bosses and some bad bosses. But nothing can be more debilitating than working for someone who is ignorant of the laws. In the following case, a company president walked right into an FMLA lawsuit because he had never even heard of the Family and Medical Leave Act. He knows about it now ...
Employees who file for bankruptcy are supposed to list all their assets in their bankruptcy petitions, including pending lawsuits or potential lawsuit claims. That’s because creditors may be entitled to a share of those assets to satisfy debts. The reason: It’s unfair to creditors for someone to discharge their debts and then collect a million-dollar judgment from her employer.
Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.
Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.
Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.
Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA ...
When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year ...
Sometimes, when an employee departs for FMLA leave, you’re almost
positive that he or she is incapable of returning to work before the
allotted 12 weeks expire. You might as well start processing her
termination papers a few days early, right? Not so fast, one court
says. If you jump the gun and pre-process the termination—even one day
before the FMLA leave ends—you may be triggering liability …
Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination ... But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?
When the Society for Human Resource Management (SHRM) surveyed employers
about their biggest FMLA administrative challenges, dealing with leave
for employees’ own chronic conditions ranked number one. But,
surprisingly, not far behind was FMLA leave taken for “caring for a
sick parent." With more “sandwich
generation” employees taking care of children and parents at the same
time, it’s wise to be consistent about requesting certification for all types of FMLA leave, including care for elderly parents.
What should employers do if an employee’s work performance suffers
while he or she is taking FMLA intermittent leave? Can you terminate
employees when their work falters because of those absences? One court
last month sent a clear message: “Don’t go there!”...
Q. Does the new FMLA law for injured soldiers also apply to service members who were injured during past wars? And does the person have to be 100% disabled for their family members to be eligible for leave? — C.T., Missouri ...
As a practical matter, the FMLA requires employers to carefully keep track of all hours each employee works. If the employer’s time records don’t include all time worked, it is up to the employer to prove to the court that the employee didn’t work enough hours to qualify for FMLA leave. With poor records, that may be hard to do ...
When an employee takes leave to deal with a serious health condition, be sure to inform her that you plan to charge the time against her allotment of unpaid FMLA leave. If you fail to do so and the employee later runs out of leave and loses a benefit, it will be relatively easy for her to sue and show she was somehow harmed by the lack of notice ...
If you’ve never had any formal psychiatric training, maybe it’s time you put your business plan aside and register for Psych 101. Why? A recent court ruling shows how the FMLA can require you and your supervisors to play psychiatrist, too ...
Typically,
employees must notify you if they have an FMLA-qualifying “serious”
physical or mental condition. But what if the employee, herself, isn’t
aware of this need? Is it up to you and your supervisors to recognize
any behavior changes that may indicate the presence of a serious
FMLA-qualifying condition? In cases of psychiatric problems it likely
does, as the following case shows...
Employees who can’t tell their employers they have serious health conditions may still put their employers on notice—and trigger their FMLA rights. “Unusual” behavior alone can be enough to notify a reasonable employer that an employee may have a serious health condition. That unusual behavior can include shouting at a supervisor, a panic reaction or other sudden emotional outbursts ...
You expect employees to follow your attendance and time-reporting rules and probably discipline those who don’t. But you need to know that FMLA leave can be an attendance minefield where disciplinary actions can cause great damage. Employees who allege that employers “willfully” interfered with their FMLA rights or retaliated against them for taking FMLA leave have up to three years to sue. One way to prevent the willful violation charge is to take the employee’s supervisor out of the disciplinary process ...
When an employee is threatening to file a lawsuit against your organization, it’s natural to feel angry, betrayed or even hurt. But don’t react. Instead, tell him that the decision is his, and you’ll treat him just the same as you always have—lawsuit or no lawsuit ...
If your organization employs fewer than 50 people, it’s probably exempt from complying with the Family and Medical Leave Act. But be careful how you do your math ...
Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave ...
An employee who has been performing well and then seems to act out of character may be suffering from a disability or a serious health condition. But suggesting a disability when there isn’t one is NOT a good idea ...
The U.S. Labor Department issued a report
yesterday that said all is not well in the land of FMLA. Shocking,
truly shocking! And we in the employer community thought things were so
rosy…
It’s one of the most challenging FMLA problems: An employee with a chronic health condition says she needs intermittent leave and uses it as an excuse to take time off whenever she wants. You suspect she’s taking advantage of your organization, but worry that turning her down may trigger an FMLA lawsuit ...
Must you allow an employee to return after FMLA leave if you don't think she's physically ready? She could injure herself if she returns. But if you block her return, you could face a failure-to-reinstate FMLA lawsuit. Begin the return-to-work process earlier to see if she still has the ability to perform the job's essential functions ...
Even though Florida’s workers’ compensation (WC) system includes many safeguards to protect against abuse, you must still stay on top of cases to ensure that you pay only legitimate benefits ...
Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member's illness. If you don't follow the FMLA's rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee's leave request ...
A new Labor Department opinion letter clarifies that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new "leave year."
Issue: Severance packages usually ask departing employees to waive their rights to file various employment lawsuits. Risk: If you include FMLA in that mix, you'll risk having the whole package ...
Issue: Many HR professionals believe they've unwittingly approved FMLA leave for fraudulent reasons. Benefit: A new court ruling makes it easier for you to check up on employees on FMLA ...
In severance agreements, employers typically require employees to sign promises not to file employment-related lawsuits. But don't try to include FMLA rights in that waiver. Why? A new ruling ...
Issue: Courts won't look kindly on employers that OK an employee's FMLA leave but then change their minds. Risk: In such cases, courts could grant FMLA rights even if the ...
What do you do with employees who call in sick with vague excuses, aches and pains and other less-than-convincing reasons? Can you discipline those people for unexcused absences without fearing that ...
Issue: Employees can sue for FMLA retaliation only if they've put in the minimum hours to become eligible for FMLA leave. Benefit: Less risk of first-year employees winning FMLA-retaliation suits. ...
Typically, employees can file Family and Medical Leave Act (FMLA) lawsuits no later than two years after the alleged violation. But if a worker can prove that your organization "willfully" violated ...
If your company has fewer than 50 workers, yet is somehow linked to another employer or location, you may incorrectly believe that you don't need to comply with ...
Issue: Even if it employs fewer than 50 people, your organization could be subject to FMLA compliance. Risk: Being affiliated with another organization could mean that, together, the two organizations ...
In golf, they call it a mulligan. Kids call it a "do-over." And in the world of Family and Medical Leave Act (FMLA) administration, it can be legal to do an ...
