Suppose one of your employees comes to you with an FMLA leave request. The reason: to care for her daughter, who has cancer. Your first thought may be that you must approve the request The FMLA requires up to 12 weeks’ unpaid leave time to care for an immediate family member with a serious health […]
But My Company’s Too Small to Be Subject to FMLA…
Let’s say you are the HR Manager for Lightweight Limited Liability Company (“Lightweight”). Edward Employee (we’ll call him “Ed”) tells you he needs four weeks’ time off major surgery and that he believes he is entitled to FMLA leave time. You are not going to be fooled though. You decide you are going to show […]
What Happens When You Mix FMLA (and ADA) and Retaliation?
I don’t encounter many employers that don’t have some type of issue with employee leave–especially when an employee may be eligible for more than one type of leave (e.g. FMLA, ADA, workers’ comp). Then there’s the possibility of retaliation claims. You may have thought that only applied to discrimination claims. Guess what? It also applies […]
There’s No FMLA Leave Time for Care for an Aunt or Grandparent… Or Is There???
The FMLA allows up to 12 weeks of unpaid leave to take care of family members with serious medical conditions. Most of us know that already. “Family members” under the FMLA include parents, children, and spouses. You probably knew that, too. It therefore follows that you can’t get time off under the FMLA to take […]
What Happens When the FMLA and the ADA Meet?
I have previously written about eligibility for time off under the Family Medical Leave Act (FMLA). I have also talked about the Americans with Disabilities Act (too many times to mention here). Many of you may have dealt with each law separately. A number of you may, to your surprise, have found yourselves dealing with both […]