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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.

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Who counts as a parent for FMLA purposes?

If an employee was not raised by their biological parent, can they take FMLA leave to care for their biological parent?

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Heed DOL opinion letter to coordinate federal FMLA with state and local requirements

The 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.

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Your own assets are at risk! You could be liable for FMLA mistakes

A 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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Do fathers get pregnancy leave, too?

An 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?

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Calculating exempts’ pay when they take intermittent FMLA leave

I 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?

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Employee providing care for seriously ill sibling? Consider agreeing to request for FMLA leave

A 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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Employer lessons from 2024’s worst employee lawsuits

It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.

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How should we apply intermittent leave for school employees?

How can intermittent leave work in a school setting?

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Are boomerang employees eligible for FMLA leave?

We have an employee who quit, but then came back to work for us a few months later. Does the hours-worked requirement start with her rehire date or does it go back to their original start date?

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When do PWFA-covered absences turn into FMLA-covered leave?

Suppose an employee states she is going to be absent because she is not feeling well due to pregnancy and is going to see her doctor. We as her employer consider the day to be covered by the Pregnant Workers Fairness Act, so there’s no need for a doctor’s note. But if she continues to need time off because she is not feeling well due to pregnancy, at what point have we moved from time off for a normal pregnancy symptom and into leave?

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