FMLA FAQ - Is a cold or the flu a serious health condition?
Q: Can an employee take FMLA leave due to a cold or the flu?
A: Yes, if it otherwise meets the definition of a "serious health condition."
Supervisor's Statements May Entitle Employee To FMLA
To establish a claim of interference with rights under the FMLA, an employee must ordinarily demonstrate that he or she was entitled to FMLA leave. However, a recent decision by the Eighth Circuit Court of Appeals confirms that by affirmatively telling an employee that her leave is protected by the FMLA, an employer may waive its right to contest the employee's entitlement to leave. Murphy v. FedEx National LTL, Inc. (.pdf).
Podcast No. 15: Medical Certifications - Why, When and How?
The medical certification is perhaps the employer's most important tool for managing FMLA leave. Unfortunately, many employers simply don't use the certification process, or don't use it properly. In this podcast, we discuss why medical certifications are important, when and how to request them, and what to do when an employee fails to return a complete and sufficient certification within the allotted time.
FMLA FAQ - What To Expect When The DOL Comes Knocking
Q: I have reason to believe that a former employee is going to file a complaint with the Department of Labor. What should I do?
A: Review your files and start getting ready to respond to requests for information.
Upcoming Webinar: Identifying, Managing & Preventing FMLA Abuse
When: Wednesday, September 29, 2010 (12:00 - 1:15 p.m. CDT)
On-line registration: Click here
What we will cover: Given the complexities of the Family and Medical Leave Act, employers often fall prey to dishonest employees who take advantage of their FMLA rights by seeking intermittent leave to avoid discipline for poor attendance or by requesting leave for reasons not covered by the FMLA.
In this complimentary webinar, co-hosted by our law firm, Franczek Radelet, and the Society of Human Resource Professionals (Chicago SHRM chapter), I will identify and address a number of difficult issues employers face under the FMLA, including:
- Identifying and understanding the most common forms of FMLA abuse
- Utilizing the changes in the FMLA regulations to help fight FMLA abuse
- Documenting FMLA situations effectively to curb FMLA abuse
- Handling a main culprit of FMLA abuse--intermittent FMLA leave
- Managing FMLA abuse situations and conducting appropriate investigations into potential abuse
- Implementing must-have personnel policies to prevent FMLA abuse
I will be presenting with Teri Hock, an experienced HR professional and SHRP member, and together, we will address real-life FMLA situations in an interactive format. We will allow time to address any specific FMLA abuse situtations you face. Feel free to email me questions in advance at jsn@franczek.com.
Register by clicking here.
FMLA FAQ - When to ask for a Second Opinion
Q: An employee has asked for intermittent FMLA leave due to a serious health condition. He has turned in a medical certification, but the doctor who signed it is his general practitioner, not a specialist in the condition for which he is seeking leave. Can I ask for a second opinion?
A: Yes, but be sure you understand the procedure.
New Law Modifies Military Family Leave In Illinois
The Illinois Family Military Leave Act allows eligible employees who are the spouse or parent of a person called to military service to take unpaid leave during the family member's military service. Under the law, employees who work for an employer with more than 50 employees may take up to 30 days of leave. Employees working for employers with 15 to 50 employees can take up to 15 days of family military leave. Presently, this leave is in addition to the family military leave leave available under the federal Family and Medical Leave Act.
A new law recently signed by Governor Quinn amends the Family Military Leave Act to extend leave to children and grandparents of service members as well as spouses or parents. However, if an employee also uses "qualifying exigency" leave under the FMLA, the amount of leave available under the Illinois law will be reduced by the number of days the employee takes under the FMLA.
The amendment takes effect January 1, 2011.
FMLA FAQ - Leave for cosmetic surgery
Q: An employee has advised that she needs to take leave for cosmetic surgery. Do I have to grant the leave?
A: It depends on the procedure.
FMLA Inclusion Act Introduced in Congress . . . again
Is the fifth time the charm? On July 30, 2010, U.S. Senator Richard Durbin introduced the Family and Medical Leave Inclusion Act, which would broaden the Family and Medical Leave Act to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent who has a serious health condition. S.B. 3680 (pdf) is nearly identical to H.B. 2132, which has been pending in the U.S. House of Representatives, and that (based on our count) has been introduced in the House on four occasions. What's notable about S.B. 3680, of course, is that it now is on track to be considered by the Senate for the first time.
Does this signal renewed support for a fairly drastic expansion of the FMLA (i.e., extension of eligiblity to domestic partners, adult children, siblings and grandparents)? Too soon to tell, given that Sen. Durbin is the only Senate sponsor right now. However, the Senator claims to have momentum on his side. In remarks introducing the legislation and citing the Human Rights Campaign, Senator Durbin suggested (pdf) that federally mandated family and medical leave protections keep up with 461 major American corporations, nine states, and the District of Columbia, all of which currently provide varying levels of FMLA benefits to same-sex partners.
The FMLA Inclusion Act is one of several bills pending in Congress that would further expand the FMLA. Despite the number, none has been able to gain any momentum in the 111th Congress.
Podcast No. 14: An Employee Has Requested FMLA Leave. Now What Do I Do?
“Notice of Eligibility? Designation Notice? Medical certification form? I give up!”
We often hear from clients that they have a tough time properly responding to an employee’s request for leave that might be covered by the FMLA. Clearly, under the new FMLA regulations, employers must be able to master this response.
After listening to this month’s FMLA Insights podcast, employers will have a clear understanding of what their responsibilities are when responding to a request for leave.
During the podcast, we will reference the DOL’s model Notice of Eligibility and Rights and Responsibilities (WH-381) and Designation Notice (WH-382).
