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Tag: FMLA


News

Spirit Airlines curtails employee eligibility for FMLA leave, lawsuit alleges

September 12, 2023

Via: HR Dive

The FMLA provides eligible employees the right to take up to 12 work weeks of job-protected leave for a qualifying reason, a DOL guidance explains. For example, an eligible employee who works 32 hours a week may use up to […]


News

EEOC: Payments processing company illegally denied remote work as a disability accommodation

March 30, 2023

Via: HR Dive

How the EEOC planned to respond to the COVID-19 pandemic’s widespread shift of the workforce to remote work — and the resulting suggestion of its growing suitability as a reasonable accommodation — has been of interest to businesses and employment […]


Research

Interpreting the FMLA, one case at a time

February 27, 2023

Via: HR Dive

In the 30 years since former President Bill Clinton signed the Family and Medical Leave Act into law, a number of lawsuits have set precedents for how the protected leave legislation is interpreted. Attorneys who specialize in the statute and […]


Research

Case Study: Appeals Court Gives Tough Break to Employers on ‘Essential’ Duties

February 21, 2023

Via: HR Hero

Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are […]


Research

Make Sure You’re Fit to Administer FMLA Fitness-for-Duty Requirements

January 23, 2023

Via: HR Hero

Maybe you’ve experienced this: An employee has a serious health condition, you provide the required Family and Medical Leave (FMLA) paperwork, and the certification form either comes back not fully filled out or so vague that you’re unable to figure […]


Research

Sudden Illness at Work Can Trigger FMLA Obligations

January 18, 2023

Via: SHRM

Because employees spend a lot of time at work, it’s not uncommon for medical emergencies and flare-ups of chronic conditions to occur at the workplace. Workers may experience events like heart attacks, hernias, fainting, asthma attacks or acute appendicitis. If […]


Development & Evaluation, Employee retention

Best of Benefits & Compensation 2022

December 14, 2022

Via: HR Hero

As a recession looms on the horizon of the new year, many HR experts are wondering how to best utilize benefits and compensation packages. 80% of employees say that it’s essential that their companies meet the needs of workers across […]


Workplace wellness

Best practices for modern FMLA management

November 16, 2022

Via: HRD America

The Family and Medical Leave Act (FMLA) has been in the spotlight since the COVID-19 pandemic. Designed to help employees balance their work and family responsibilities, FMLA is primarily used for personal reasons, such as caregiving, bonding with a newborn, […]


Research

Discipline Notes Critical in FMLA Claims

September 19, 2022

Via: HR Hero

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]


Development & Evaluation, Employee retention

What Serena Williams’ Retirement Can Teach Employers about Retaining Working Mothers

September 7, 2022

Via: HR Hero

On August 9, 2022, Serena Williams, the undeniable G.O.A.T., said “Farewell to Tennis On Her Own Terms—And in Her Own Words,” in an emotionally riveting article for Vogue magazine. In the article, Serena recounts a precious story of her five-year […]


Research

Confidentiality Is Key When Employees Are on FMLA or ADA Leave

September 6, 2022

Via: SHRM

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential. HR […]


Research

Jury should decide whether FMLA request sent via Facebook was valid, 4th Cir. says

August 23, 2022

Via: HR Dive

One of the most employer-friendly changes made to FMLA regulations over the years is the call-in requirement, an employment law attorney previously told HR Dive. Under the rule, employees must follow their employers’ usual and customary call-in procedure for reporting […]


Research

Mailbag: What are HR’s options after designating FMLA leave to a noneligible employee?

August 5, 2022

Via: HR Dive

Q: What happens if you go through the FMLA process — notices, medical documentation, approval — and later realize the employee isn’t eligible because they didn’t work enough hours? When employers follow the leave designation process set out by the […]


Workplace wellness

FMLA and a Winning First Step Towards Addressing Mental Health in the Workplace

July 13, 2022

Via: HR Hero

On March 6, 2022, HBO premiered the show Winning Time: The Rise of the Lakers Dynasty, chronicling the showtime era of the Lakers dynasty. The show is based on the book Showtime: Magic, Kareem, Riley, and the Los Angeles Lakers […]


Research

This is Us: What’s the FMLA Got to Do With It?

June 15, 2022

Via: HR Hero

For six seasons, fans of the NBC hit drama This is Us tuned in each week to watch the Pearson Family saga unfold and to have a collective soul cleansing cry. This is Us delicately weaved in and out of […]


Research

Viewpoint: How the FMLA Supports Leave for Mental Health Conditions

June 2, 2022

Via: SHRM

A growing number of our employees are dealing with serious mental health issues that render them unable to come to work. As employers, we need to know how to manage and support our employees during these difficult times. On May […]


Development & Evaluation, Employee retention

California: Obligations of an Employee Taking Leave

May 26, 2022

Via: SHRM

Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employee is required to provide at least 30 days’ notice of the need for leave when the need for leave is foreseeable. When […]


Research

California: Obligations of an Employer When an Employee Requests Leave

May 26, 2022

Via: SHRM

Within five days of receiving all required information, a California employer needs to determine whether a leave is covered by the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or both, and must provide written notice […]


Research

Court Lacks Jurisdiction over FMLA Claim Covered by Union Contract

May 13, 2022

Via: SHRM

An employee’s right to compensation and benefits under a union contract, even if alleged as a Family and Medical Leave Act (FMLA) claim, should not be decided by a court, according to the U.S. District Court for the Western District […]


Research

Mailbag: Does the FMLA apply to fully remote companies?

May 3, 2022

Via: HR Dive

Q: Will the Family and Medical Leave Act apply to companies that operate completely online? There’s an answer to this question, but before we get there, let’s look at some context. According to the U.S. Department of Labor, the Family […]