Human Resources News & Insights

Family Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA), passed in 1993, gives employees up to 12 work weeks of unpaid, job-protected leave in a 12-month period to care for their own or family members’ serious medical conditions. The law covers employers with at least 50 workers.

Was employee fired for strange threat or taking FMLA leave?

Firing an employee around the same time they took FMLA leave is always a tricky situation, but there are some clear-cut instances where an employer can easily defend its decision. 

IRS’ first FAQ on paid-leave credit answers some key questions

Employers finally have federal guidance regarding the paid-leave tax credit created under the Tax Cuts and Jobs Act (TCJA), but that guidance is likely to fall short of what many firms were expecting.

Employee fakes cancer to get leave: How vigilant manager stopped the abuse

When an employee requests time off because of something as serious as a cancer diagnosis, 99% of the time the person will be telling the truth about their situation. But as a recent case shows, if a manager has even an inkling that something’s amiss, it pays to take a closer look.

Supreme Court declines ADA leave case: Why that’s not a bad thing

So the Supreme Court decided not to tackle whether extended leave is a reasonable ADA accommodation. But that could be more good news than bad for employers.

Handling the tricky questions in FMLA intermittent leave

It’s a given: Intermittent FMLA leave is a giant thorn in the side of HR people everywhere. But not all intermittent leave requests are equal. Here’s a look at some of the most common scenarios, and how to handle them.

Workflex in the 21st Century Act: Paid leave on the federal level … with a catch

Following an array of state and local paid leave laws and loud calls from employers and prominent business groups, Congress has introduced a bill to make paid leave on a federal level a reality. But the legislation probably isn’t what HR pros were expecting.

Can an employee take FMLA leave for the death of a pet? Court weighs in

Almost everyone knows how difficult the loss of a beloved pet can be. But is it upsetting enough to qualify for FMLA leave? 

FMLA lawsuit: 7 stupid words that could cost this employer big

Wells Fargo had mountains of well-documented evidence to back up its decision to fire a poorly performing employee, but a simple phrase by a clueless manager could wind up making all that evidence moot.

When does ADA leave become unreasonable? Courts & EEOC say …

Many questions spring up for employers when an employee exhausts their FMLA leave but still can’t return to work. Are you required to give them more leave under the ADA? If so, how much additional leave is too much? Can you fire them for needing too much time off? 

Fully healed policies: Court ruling highlights new danger for HR

It’s not uncommon for employers to have some type of company-wide policy requiring all employees on leave to get a doctor certification that they’re cleared to come back to work. But as a recent lawsuit shows, if that policy is fairly rigid, it can put your company in legal danger. It can also lead to […] [MORE]