You have a right to expect your employee to do his or her job. You have a right to expect him or her to show up to work (whether on your premises or via a remote location). Typically attendance is considered an essential job function. So, if your employee misses work too many times, wouldn’t […]
Can an Ineligible Employee Get FMLA Leave?
Wait is this a trick question or has the writer (yours truly) lost her marbles? (Are those options mutually exclusive?) An employee ineligible for FMLA leave, by definition can’t get FMLA leave, right? I mean the employee has to meet specific criteria, the reason for the leave must meet certain criteria. Heck, if the employer […]
Can You Eliminate a Position…After the Employee Returns from FMLA Leave?
If you have 50 or more employees, chances are, you’ve dealt with at least one employee taking and returning from FMLA leave. If you’ve weathered at least one recession or other financial ups and downs, you’ve probably had to downsize. What happens when both occur at the same time? What happens when you have an […]
Do You Have to Accommodate a Nursing Mom?
Have you ever had an employee go out on and return from maternity leave? Did any of those new moms breast feed their babies? I’m sure for many of you the answer is “Yes”. In that case, you may have received requests for permission to use a breast pump, or time to pump. Maybe someone […]
Can An Employee Take FMLA Leave to Care for a Grown Child?
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 […]