In this month’s podcast, we take a look at how light duty works under the FMLA, and explain what employers can and cannot require of employees.
Listen to the podcast here.
Employee Can Advance FMLA Claim Even Though Leave Not Taken
In a ruling that broadens employee protections under the Family and Medical Leave Act, a federal appellate court recently held that an employee may advance FMLA interference and retaliation claims even when the employee requested but did not take FMLA leave. Erdman v. Nationwide Insurance Company (pdf).
The Facts
In Erdman, the plaintiff requested
Employer May Raise Defense that an Employee is Ineligible for FMLA Leave Even After Leave is Given
Does an employee have the right to take FMLA leave and be restored to the same or equivalent position even though the employer does not employ 50 employees and is not covered by the FMLA? The answer may depend on the particular court hearing the case, as evidenced by a recent federal appellate court decision.
“Is it true that employers can’t contact a health care provider to clarify a medical certification?” – Podcast No. 4
In this month’s podcast, we take a look at the myth that employers cannot follow up with an employee’s health care provider to clarify or authenticate a medical certification. While there are still some important limitations, the new FMLA rules provide employers with some additional flexibility in following up on medical certifications. We provide an
“Do we really need to worry about the FMLA for short absences?” – Podcast No. 3
Many employers, as a matter of policy or practice, do not consider whether an absence may qualify as FMLA leave until an employee has been absent for more than three days (or even longer). In this month’s podcast, we explain why this may not be the best approach to managing intermittent FMLA leave and what
“Can we require a doctor’s note for each FMLA absence?” – Podcast No. 2
When an employee is certified to take intermittent FMLA leave for a serious health condition, can the employer require additional documentation, such as a doctor’s note, confirming that each absence was legitimately covered by the FMLA? If not, what can employers do to verify that employees are using FMLA leave for legitimate purposes?
Listen to
“We didn’t designate a leave of absence as FMLA Leave … now what?” – Podcast No. 1
At one time or another, even the most experienced HR professional has inadvertently failed to designate an absence as FMLA leave. When an employer fails to designate an absence as FMLA leave, how should it address the situation when it later uncovers the oversight?
Listen to the podcast here.