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No light-Duty jobs open when employee returns? You don’t have to retain him

04/07/2008
Sometimes, injured employees use up all the leave their employer or the law allows before they’re ready to return to work. If the employee isn’t disabled as defined by the ADA, you can remove the employee from the payroll. (He may still be eligible for workers’ compensation payments.) …

A good reference for a good worker, even though we fired him?

04/07/2008
Q. We had to fire a good worker because of absenteeism problems. When someone who wants to hire him calls to verify past employment, what can we say about this man? …

Labor Department publishes proposed new FMLA regulations

04/01/2008
On Feb. 11, 2008, the U.S. Labor Department published proposed regulations interpreting the FMLA of 1993. The department also published new draft forms for use in processing FMLA leave requests. Interested parties have until April 11, 2008, to submit comments on the proposed regulations …

More new state laws to complicate life for employers

04/01/2008
In 2007, New York lawmakers passed a record number of laws affecting employers, including new laws on independent contractors, inquiries into conviction records, leave for military spouses, leave of absence for blood donations and cancer screenings, and unemployment benefits …

Changes coming to the FMLA—For better and for worse

04/01/2008
After remaining untouched for its first 15 years, the FMLA has received a makeover in the past couple of months—first by Congress, and then by regulators at the U.S. Labor Department. Here are the highlights …

Personal dislike not enough to win discrimination lawsuit

04/01/2008
We’re all different, and personality conflicts are a fact of life. But even if some supervisors and subordinates may not be on the best of terms, minor slights and unfair treatment aren’t enough for a discrimination lawsuit …

Labor Dept. proposes extensive revisions to FMLA regulations

04/01/2008
The U.S Labor Department has announced proposed revisions to the FMLA regulations.  And the National Defense Authorization Act for FY 2008 amended the FMLA to provide leave for eligible employees to care for injured service members and to deal with any “qualifying exigency” arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty …

Can we ask employee to use paid leave before receiving workers’ comp benefits

04/01/2008
Q. Can an employee who is receiving workers’ compensation wage continuation benefits be required to use sick, vacation and personal leave time to cover days missed due to the work-related injury? …

FMLA leave even if paperwork is lacking?

04/01/2008
Q. Can an employee be required to use FMLA leave if the required paperwork has not been completed by the employee or signed by the employee’s physician? …

You must follow no-Fault absenteeism policy to the letter

04/01/2008
Companies often rely on a no-fault absenteeism policy as an objective way to determine who should be terminated for unreliability. As long as the policy doesn’t count time off for an FMLA-protected reason, such policies work well—if you follow your own rules …