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.

FMLA lawsuit: Was surveillance justified or payback for smut-watching complaint?

Just because the FMLA gives employers the ability to initiate surveillance on employees they suspect of abusing their leave, it doesn’t mean you should take such a drastic step.

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]

FMLA ruling: Is this loose standard terrible news for your compliance efforts?

Thanks to a recent court ruling, it may now be even more difficult for employers to take any adverse action against an employee who is on — or has previously taken — FMLA leave.

Top 5 ways to prevent intermittent FMLA abuse

Why is intermittent FMLA such a challenge for HR? Because even under the most ideal circumstances, this type of leave is difficult to accurately administer.

The return of Opinion Letters: DOL brings back key compliance tool for HR

Good news: HR pros will once again have one of the most useful DOL resources at their disposal to help with an array of tricky compliance issues.