Recent Guidelines in Handling FMLA Claims

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day period. What are you required to do?

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Tips for Claims Under the Pregnancy Discrimination Act and the American Disabilities Act

Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The complications do not need to be severe. They may include such things as temporary Post-traumatic Stress Disorder (PTSD), incompetent cervix, or high blood pressure. A physician’s restriction may be sufficient to put you on notice.

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FMLA Master Class: Georgia - Advanced Skills for Employee Leave Management

On-Site Seminar:
Atlanta | Thursday, January 14, 2016

Choose your conference option! Attend the full conference, or just attend the morning or afternoon session.

Master FMLA administration in just one day with this all-new program created just for Georgia employers and HR management...

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Pregnancy, the FMLA and ADA

The Family and Medical Leave Act (FMLA) is the primary statute affording pregnant employees the right to leave. The FMLA provides for up to 12 workweeks of unpaid job-protected leave to qualifying employees for pregnancy. Many employers may not be aware that in addition to rights under the FMLA, pregnant employees may also have rights under the Americans with Disabilities Act (ADA).

The ADA provides for pregnancy-related leave in limited circumstances. Specifically, a pregnant employee experiencing complications that limit a major life activity may be considered disabled under the ADA and entitled to its protections, including reasonable accommodations.

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Do You Need to Update Your FMLA Forms?

Many alerts and articles have been published about updating Family and Medical Leave Act (FMLA) forms due to the Department of Labor's (DOL) issuance of new forms in late May. If your FMLA leave forms already contain the Equal Employment Opportunity Commission's (EEOC) endorsed Genetic Information Nondiscrimination Act (GINA) language, however, you probably don’t need to engage in this exercise.

As most employers know, while the DOL’s FMLA forms are not mandatory, they are practical as they follow the regulations concerning what employers may ask with respect to FMLA leave, and they may be used as a defense with respect to compliance. The new forms are not that much different than the old ones, except that they just finally contain references to the GINA. The added language, however, is not ideal to preserve an employer’s safe harbor rights under GINA. 

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It’s Not Where You Live, But Where You Were Married: FMLA Expands Coverage for Same-Sex Couples

As of March 27, 2015, the definition of “spouse” under the Family and Medical Leave Act (FMLA) will  include an FMLA-eligible employee in a legal same-sex or common law marriage--even though the marriage may not be recognized in the state where the employee lives or works. Yes, you read that right…even though the marriage may NOT be recognized in the state where the employee lives or works! The new rule allows a same-sex spouse to be considered a “spouse” for FMLA purposes if the marriage was valid where and when it was entered into, i.e., “celebrated.

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Guidance for Handling Pregnancy Issues in the Workplace

An employer’s obligations to pregnant employees are often confusing and an area where employers make mistakes. The following are guidelines to follow should a pregnancy issue arise.

The Pregnancy Discrimination Act (PDA) requires that a covered employer treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees who are similar in their ability or inability to work. The PDA covers all aspects of employment, including hiring, promotions, discipline, and fringe benefits (such as leave and health insurance benefits).

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