It’s time to answer some of the trickier questions about the interaction of the FMLA, the New York Paid Family Leave Law and the state’s Disability Benefits...
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave....
Many employers have maternity leave policies that provide a period of paid time off following birth or adoption. That’s fine. But if you intend for paid maternity...
Sometimes, a boss can cause big legal trouble without even saying a word. A sigh or negative look can be enough if the worker on the receiving end perceives the behavior...
The FMLA doesn’t cover minor illnesses, and employers are free to punish employees who miss work because of them. However, employers do have an obligation to...
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.
Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA...
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most...
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health...
You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he...
What happens if the employer fails to notify the employee? She may win an FMLA interference lawsuit if she can prove that, had she known, she would have returned to work...
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against...
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider....
If an employee has already taken FMLA leave several times before, do you still have to go through the motions of providing FMLA notice every time the employee calls off?
Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court...
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a...
