Search Results for: FMLA

Question: We give year-end bonuses based on attendance, and employees with a certain number of absences are disqualified. If an employee took FMLA leave, can we count those absences against them and withhold the attendance bonus? Answer: Yes, if you apply the rubric used to qualify employees for the bonus consistently across all “equivalent leave…

Ask the Experts: Flu and FMLA

Question: Is the common flu considered a serious health condition under the Family and Medical Leave Act (FMLA)? Answer: Most cases of the common flu do not meet the definition of “serious health condition” and would not be eligible for Family and Medical Leave Act (FMLA) leave. Some cases of the flu, however, are severe…

Question: When an employee requests child bonding leave for an adoption, what documentation can the employer require for verification? Answer: Under the federal Family and Medical Leave Act (FMLA), employers may not request a certification for leave to bond with a healthy newborn child or a child placed for adoption or foster care. However, employers…

FMLA Forms Expire June 1

The Department of Labor’s (DOL’s) Family and Medical Leave Act (FMLA) forms expire at midnight tonight. So what should you do? Keep using them. (Note that use of these forms was already optional.) The DOL is required to submit forms to the Office of Management and Budget (OMB) for approval every three years. The DOL…

Question: How should we handle a Family and Medical Leave Act (FMLA) leave request for an employee to care for a parent who lives outside the United States? Can we request translation and notarization of paperwork? Answer: The same leave allowance and notice requirements apply to a leave taken to care for a family member…

Question: Can an employee be moved to a different job upon returning from Family and Medical Leave Act (FMLA) leave? Answer: Business opportunities may change while an employee is on FMLA that can create the need to transfer an employee returning from Family and Medical Leave Act (FMLA) leave to another position. A transfer is permissible…

Question: What benefits must be continued while an employee is on Family and Medical Leave Act (FMLA) leave? What should we do with an employee who is not making his share of the premium payments while out on leave? Answer: Family and Medical Leave Act (FMLA) regulations require that employers continue to provide group health benefits under…

Question: When an employee takes FMLA leave, may we require that the employee exhaust all available sick and vacation leave? The intent is to avoid additional vacation requests following a leave or a resignation and therefore cash out of any vacation accrual. Answer: Federal Family and Medical Leave Act (FMLA) regulations pertaining to the substitution of paid…

    By Robin Shea Winston-Salem office of Constangy, Brooks, Smith & Prophete, LLP March 27 The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after attorneys general in several states…

On June 26, 2013, in U.S. v. Windsor, 570 U.S. 12, 133 S. Ct. 2675 (2013), the U.S. Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional under the Due Process Clause of the Fifth Amendment. Immediately following the decision in Windsor, the U.S. Department of Labor (DOL) announced…