Because FMLA is such a confusing and sticky issue for so many employers, we periodically compile an FMLA roundup of any updates along with a selection of the best articles and resources we’ve seen on the topic in employment law and HR blogs and publications. You can see our last update in September 2016: FMLA Update – News Tips and Resources. We haven’t found any new Fact Sheets since our last update nearly a year ago, so most of what you’ll find are articles on case law or general guidance.
First, a few handy links from the Department Of Labor.
Note that New York has recently instituted paid family leave. See Final New York Paid Family Leave Regulations Released: What Employers Need To Know
Next, courtesy of Jeff Nowak’s FMLA Insights, we point you to the annual American Bar Association’s (ABA) Report of 2016 FMLA Cases. This valuable resource for employers and employment attorneys compiles FMLA federal court decisions from the prior year.
Jeff Nowak is our go-to blog for important FMLA updates, and we note that he has recently added a subscription-based service called Leave Law Insights. This could be a valuable took if you are a multi-state employer and need to stay informed on changes to state and local Leave of Absence Laws.
FMLA basics and best practices
- JD Supra: Intermittent Leave Under the FMLA – The Basics
- JD Supra: Are You Coming In Today? An FMLA Intermittent Leave Toolkit
- HR Hero Online: Top 10 mistakes in FMLA policies
- Human Resources Executive: Troubles with FMLA
- HR Daily Advisor: FMLA Leave 101: What Qualifies as a Serious Health Condition?
- JD Supra: FAQs About The FMLA
- HR Daily Advisor: Coordinating FMLA with State and Federal Laws
- JD Supra: Negotiating the maze of overlapping leave laws (webinar)
- Employment & Labor Insider: “The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz
- JD Supra: Managing the Competing Obligations of the FMLA and ADA
- HR Daily Advisor: FMLA: Don’t Wait for a Real Audit, Self-Audit
Case law and specific situations
- FMLA Insights: Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?
- JD Supra: Are Remote Employees Eligible for FMLA Leave?
- HR Daily Advisor: Mastering Tough FMLA Issues: Effectively Managing FMLA Investigations by the DOL
- FMLA Insights: Disclosing an Employee’s Medical Condition May Result in an Automatic FMLA Violation
- HR Hero Online: Need to root out FMLA abuse? Requesting recertification a valuable tool
- Employment & Labor Insider: An FMLA cautionary tale for employers
- HR Daily Advisor: Joint Employment and the FMLA: Which Employer is Responsible?
- Ohio Employer’s Law Blog: 6th Circuit says you can’t spell “cat’s paw” without F-M-L-A
- FMLA Insights: Can a Chiropractor Certify FMLA Leave for the Chronic Bad Back?
- Ohio Employer’s Law Blog: FMLA leave means leave, period.
- FMLA Insights: Can an Employee take FMLA Leave to Care For a Sibling?
- JD Supra: FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave
- HR Hero Online: Getting medical excuse policies right: Know what kind of note you can require
- HR Daily Advisor: FMLA: How to Verify That Employees Are Truly ‘Caring For’ Family Members
- FMLA Insights: When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price
- FMLA Insights: Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.
- Ohio Employer’s Law Blog: FMLA does not excuse poor performance