FMLA requirements

Calculating FMLA eligibility? Add in prior service

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive ...

FMLA: Scheduling Foreseeable Leave

HR Law 101: The FMLA allows employers to negotiate with employees about the time when they are going to take time off when the leave is foreseeable. The law says that...

FMLA: Paid vs. Unpaid Leave

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use...

FMLA: When You Can Refuse to Reinstate a Worker

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a...

Discrimination against non-smokers?

Question: I work in an office of about 25 people. I am in charge of HR responsibilities and other duties. A question came to me regarding paid time for people...

FMLA: How to Define a ‘Serious’ Health Condition

Sample Policy: Absenteeism/tardiness

Sample Policy: Jury-Duty Leave

The following sample policy was excerpted from The Book of Company Policies, published by HR Specialist, © 2007. Edit for your organization’s purposes. ...

Sample Policy: Military Leave

Sample Policy: FMLA

The following sample policy was excerpted from The Book of Company Policies, published by HR Specialist, © 2007. Edit for your organization’s purposes. ...

My co-worker doesn’t have to punch in

Question: In my company of approximately 125 people, all non-exempt personnel are required to punch a time clock. That was instituted by the boss's wife, who is the...

Tracking FMLA leave

Question: Does anyone have some sort of simple way/spreadsheet to track FMLA leave using the "rolling" 12-month period measured backward?  -- Cindy

Who Is A Parent Under The FMLA?

While most everyone considers a grandparent to be an especially cherished family member, the Family and Medical Leave Act (FMLA) does not generally include a...

Always verify FMLA eligibility before approving leave

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...

Stop FMLA abuse with employee ‘bed check’

Good news: Managing employees out on sick leave and spotting FMLA abuse just got easier. As a recent court ruling shows, you can call and check on employees to make ...

Don’t extend disciplinary periods due to FMLA or military absences

When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you're not allowed to count their legally protected absences in any...

Start of absence, not approval date, sets 12-week FMLA clock ticking

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of job-protected, unpaid leave. When do those 12 weeks officially begin? A new...

Only 3 full days of incapacity will trigger FMLA leave

Issue: Court raises threshold for employees to qualify for FMLA leave. Benefit: Workers can take FMLA leave if they have a serious condition causing three consecutive...

Too small for FMLA? Think again; you may be an ‘integrated employer’

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 ...

Too small for FMLA? Don’t be too sure

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,...