It’s been nearly a year since our last FMLA Update so we thought we’d weigh in with tools tips and expert opinions.
Big news was that the Department of Labor issued new FMLA notices and medical certification forms in the Spring. They are good through May 31, 2018. Other big issues this year were the extension of same-sex benefits and guidance on pregnancy discrimination from the EEOC.
Our primary go-to resource on FMLA is employment law attorney Jeff Nowak’s FMLA Insights blog. Here are some of his key posts this year, which he says is :
First, he points us to “a valuable FMLA reference for HR professionals and employment attorneys” – the American Bar Association’s Federal Labor Standards Legislation Committee annual report that compiles significant FMLA federal decisions from the prior year. He links to the report, which is available in PDF
Same-sex issues related to FMLA
- Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?
- DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here’s Everything Employers Need to Know
EEOC Guidance
- DOL and EEOC Explain How They Will Approach FMLA and Reasonable Accommodation Enforcement
- EEOC Regional Attorney John Hendrickson Offers Key Insights on EEOC’s Pregnancy Discrimination Guidance
FMLA Administration
- FMLA FAQ: How Do I Calculate FMLA Leave Where My Employee’s Work Schedule Varies From Week to Week?
- Need To Investigate Employee Misconduct While the Employee is on FMLA Leave? Follow This Employer’s Lead
- Requiring an Employee to Return from FMLA Leave “Without Restrictions” or “Fully Healed” Is Playing with Fire
- Employer Requires Employee to Work During FMLA Leave. Ummmm, Is This a Problem?
Other articles that caught our eye:
- Ohio Employer’s Law Blog: “FMLA” is not a magic word
- Human Resource Executive: Terminating an Employee on FMLA Leave
- Human Resource Executive: Requesting Additional Leave
- HR Hero: FMLA confusion: Employers grapple with forced leave, pay for reduced schedule
- HR Hero: New rule simplifies FMLA administration
- HR Hero: FMLA leave and reinstatement: How to handle ‘key employees’
- HR BLR: 10 Steps to Stop Subtle FMLA Abuse
- HR BLR: Qualifying events under the FMLA and ADA: How do they compare?
- HR BLR: What employees are eligible under the ADA and FMLA?
- HR BLR: 7 steps for managing intermittent leave
State Laws and regulations
- State Labor Offices
- SHRM State and Local Statutes and Regulations
- SHRM State Workplace Law News
- State Family and Medical Leave Laws – from the National Conference of State Legislatures, updated December 2013
- Overview of Paid Sick Time Laws in the U.S. (PDF)
Federal Resources