Human Resources News & Insights

8 things your managers need to know about the FMLA

Whether they realize it or not, managers have the power to make or break FMLA lawsuits. 

Can you offer employees an option to work on FMLA leave? Court says …

If an employee is still able to work but requests FMLA leave (say, to care for a spouse), is it interference to offer them the option to continue working while taking leave?

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. 

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.

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.

In case you missed them: Top 10 biggest HR stories of 2017

2017 was a big year for news in general, but here are the most popular HR Morning stories of the year. 

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.