• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Leave

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? — T.B., Tennessee

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

Make sure absence policy doesn’t clash with FMLA

04/01/2007

Warning: If you terminate employees who take more than 12 weeks off in a given period, you may be violating the FMLA even if you allow employees their full FMLA allotment of 12 weeks unpaid leave …

How to Set Reasonable Call-In Rules for Absences

04/01/2007

For many employers, absenteeism is a constant problem. You know you must give employees some slack, especially for family and medical emergencies and to accommodate disabilities that sometimes flare up. But, to make sure the work gets done, you need to know who’s going to show up and who isn’t …

FMLA may require reinstatement, even with work restrictions

03/01/2007

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?…

States look to copy San Fran’s new paid-Leave law

03/01/2007

Most states have boosted their minimum wages above the federal $5.15 per hour. Now, several states are exploring the idea of giving employees another plus—paid sick leave …

Reservists’ COBRA, FMLA Rights

02/28/2007

HR Law 101: The Uniformed Services Employment and Reemployment Rights Act protects reservists when they’re away from work for extended periods. Reservists on active duty can maintain health insurance coverage by electing COBRA continuation. Employers must also count time spent on active duty toward the calendar and hour requirements for coverage under the FMLA …

FMLA: Scheduling Foreseeable Leave

02/13/2007

HR Law 101: The FMLA allows employers to negotiate with employees about the time when they are going to take time off when the leave is foreseeable. The law says that employees should schedule their leave “so as not to unduly disrupt the employer’s operations” …

FMLA: Intermittent Leave

02/13/2007

HR Law 101: Generally, the FMLA entitles employees to take intermittent leave for medical treatment or other medical reasons, whether it’s for the employee or a family member. But there’s the potential for abuse when employees take intermittent leave … 

FMLA: Paid vs. Unpaid Leave

02/13/2007

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …