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Balance FMLA and ADA rights to avoid potential trouble

07/07/2008
What happens if an employee who qualifies for FMLA leave also has a qualified disability under the ADA, a disability that could be accommodated with additional time off or a job modification? Before you discharge someone unable to return to her old job after 12 weeks of FMLA leave, consider whether she is disabled and can be accommodated—if she asks …

Make sure employees understand your FMLA calendar

07/07/2008
FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave …

Worried about leave abuse? You can require regular call-Off

07/07/2008
Employees who have chronic medical conditions that require intermittent FMLA leave sometimes take advantage of alleged flare-ups to go on vacation or otherwise miss work for personal reasons. Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy …

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …

Protect frequent business fliers with travel assistance plan

07/03/2008
Your organization’s frequent business travelers know that political unrest, terrorism and natural disasters increase the risk of trekking to foreign destinations. Calm their fears—and keep them safe—by prearranging for medical care should they fall ill or be injured, legal or financial help in case they’re robbed, or evacuation if there’s a disaster …

Domestic violence victims get help from their employer

07/03/2008
Domestic violence victims who work for Phoenix-based marketing communications firm McMurry Inc. have a place to stay. They get unlimited paid leave and support from their managers, who help check them into a free shelter. If they need lawyers, the company pays for them …

Watch what you say about termination

07/03/2008
It’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate someone. Otherwise, a jury might hear a simple question like, “Can we get in legal hot water for firing someone on disability leave?” as “Let’s find a way to get rid of her!” …

Can we send employees on an unpaid ‘Vacation’?

07/01/2008
Q. We are a physicians’ group with multiple sites. If one of our physicians, who has a small office with three employees, decides to go on vacation, can he legally say he wants only one employee to work and the other two have to take time off without pay? — J.B., Massachusetts …

Can we require time off as theft-Prevention measure?

07/01/2008
Q. As a theft-prevention measure, we require all employees with check-signatory power to take a 40-hour work period off every year. Can we require those employees to use accrued leave, such as vacation? Or, do we have to give them an extra paid week off? — P.B., Oklahoma …

Don’t count on vague leave language to limit care for employees’ family members

07/01/2008
The California Legislature concluded back in 1999 that employees should be able to use any sick leave their employers provide to care for sick family members—whether or not the employers’ policies allow them to do so. Employers can’t skirt that entitlement by not using the term “sick leave” or otherwise creating policies that are hard to pin down …