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Employers may be tempted to push back against employees’ FMLA military caregiver leave rights, asking them to continue working when they can despite caring for their military family members. That’s an FMLA-interference lawsuit waiting to happen.
Read MoreWhen employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.
Read MoreCan an employer ask an employee if they would like to have their FMLA leave recertified? We have an employee whose certification ends on March 31. Can we ask her if she would like to recertify? If so, should we do that in advance, before their certification ends, so there is no lapse?
Read MoreYou are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.
Read MoreIf an employee was not raised by their biological parent, can they take FMLA leave to care for their biological parent?
Read MoreThe letter acknowledges that under the FMLA, employees can elect to use accrued vacation, sick and workers’ comp leave for unpaid FMLA leave, and employers can require it. This substitution runs concurrent with FMLA leave until the entitlement is used up.
Read MoreA federal court has decided that employees like HR professionals and supervisors can sometimes be held personally liable for FMLA violations. That means their assets can be seized to pay damages.
Read MoreAn employee with a pregnant wife stated he will be taking off two weeks when the baby comes and expects to be paid per the law. Our employee manual does not address this—it only addresses female employees. What would need to be added to the policy to accommodate male employees who want to be off with their wives?
Read MoreI understand that the FMLA allows salaries to be reduced for exempt employees who are on intermittent FMLA. However, my question is this: Would I change them to an “hourly basis” during the approved intermittent FMLA event? And if so, would they be eligible for overtime? Or would I just continue to track the FMLA hours and reduce their pay based on the hours they used?
Read MoreA new federal appeals court decision says employees can, indeed, take FMLA leave to care for siblings who have serious health conditions.
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