Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.
When an employee requests FMLA leave or even just asks about leave for a serious health condition, make sure you provide the proper FMLA forms. Never brush off such a request or tell him he doesn’t need to “apply” for FMLA leave. A casual approach can backfire badly.
Read MoreI have a staff member who has asked if they could use FMLA leave to get dental care for their two emotional support animals. If their psychiatrist provides documentation verifying that these animals are indeed necessary for mental health reasons, should we authorize our employee’s use of FMLA leave?
Read MoreFor FMLA purposes, who qualifies as a health-care provider? Some holistic care providers may not have traditional medical certification.
Read MoreEmployers 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.
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