FMLA

FMLA leave and evidence acquired after the fact

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

Yes, you can punish fraudulent FMLA leave

08/14/2016
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.

Do we have leave obligations to help a potential victim of domestic violence?

08/11/2016
Q. One of our employees may be a victim of family violence. What are our legal obligations to provide leave for family violence victims under Texas and federal law?

Worker returning from FMLA leave? You can refuse to reinstate

08/11/2016
Under the law, an employee who takes FMLA leave is entitled to return to the same, or an equivalent, position he or she held when leave started. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.

Patience pays off when handling absenteeism

08/11/2016
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.

Back-to-school: How to manage leave requests

08/10/2016
The start of each school year brings new responsibilities that pull employees away from work. You may try to be flexible with your parent-workers, but how far you have to bend depends in large part on whether employees are nonexempt or exempt under the Fair Labor Standards Act and state short-term leave laws.

It's OK to address earlier performance problems after employee returns from FMLA leave

08/09/2016
Employees who take FMLA leave sometimes think their supervisors aren’t allowed to criticize any performance deficiencies that occurred before the leave began. That’s just not true.

Manage intermittent leave with calendar-year method

08/04/2016

Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Make sure FMLA paperwork arrives promptly

07/07/2016
Good HR practices rely on complete and accurate documentation. That’s especially true when it comes to FMLA administration, where noncompliance with notice requirements spurs plenty of lawsuits.

No need to offer indefinite leave as disability accommodation

07/06/2016
Sometimes, all a disabled employee needs in order to return to her job is a little bit of additional leave. But there needs to be some sort of estimated return date.

Exactly how not to handle FMLA leave

07/05/2016
The FMLA has been around for almost a quarter century now. Employers have no excuse for ignoring the law.

Minneapolis sick and safe leave law takes effect next year

06/17/2016
Under the recently passed Minneapolis Sick and Safe Time Ordinance, starting July 1, 2017, employers must allow employees to accrue up to 48 hours of “sick and safe time” each year.

Carefully calculate and communicate how much FMLA leave employee has available

06/17/2016
Make sure HR staff know how to calculate FMLA leave and keep careful tabs on how that leave is used. That way, you minimize chances that an employee will receive erroneous information that could lead to a lawsuit alleging that you interfered with someone’s FMLA rights.

Take care when calculating overtime & FMLA

06/17/2016
Do you offer voluntary overtime to employees, but make attendance mandatory if employees sign up? If so, watch how you calculate FMLA leave. You have to include the overtime in the calculation of available FMLA hours, or you can’t subtract FMLA hours for an absence.

Discipline with care after FMLA leave: Build solid, performance-based case

06/09/2016
Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.
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