Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.
We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
HR Law 101: The Fair Labor Standards Act requires employers to keep records on wages, hours and other employee data, most of which is generally maintained in ordinary business practice. You do not need to keep the records in any particular form or use time clocks ...
HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.
Q. I understand that the FMLA military leave rights have been expanded. Can my employees request leave to care for a family member who is a veteran undergoing medical treatment?
HR Law 101: Let’s say a union has just won a representation election and now you’ve become a unionized employer. Suddenly, after running your own business, you’ve got a partner. No more unilateral decisions in dealing with your employees ...
Q. We have an employee who just developed a disability that will keep him from performing his job for an unknown time. After he uses up his FMLA and other accumulated leave, do we have an obligation to look for another position for him?
The cost cutting and staff reductions may not be completely over, but as the economy begins its recovery, HR will be dealing with new challenges in 2010. Here are 10 trends to expect in the coming year, plus tips and tools to help you respond to each:
Employees sometimes think that just calling in sick is enough to put their employers on notice that they need FMLA leave. That’s simply not the case. In the following case, the 8th Circuit concluded the new language in the FMLA means employers aren’t obligated to guess about an employee’s need for FMLA leave based on behavior.
Some employees believe the Pregnancy Discrimination Act makes it illegal to discharge a pregnant woman for any reason related to the pregnancy. That’s not quite true. The PDA merely requires employers to treat pregnant women no differently than other employees. That may mean discharge for complications associated with pregnancy—under the right circumstances.
You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.