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Placing Employee on ‘Involuntary’ FMLA Leave Is Perfectly Legal

07/01/2006

When an employee calls in sick with an apparently serious ailment, you can place that employee on FMLA leave, even if he or she never asks. f you reasonably believe she has a serious health condition, you can start the 12-week FMLA-leave clock ticking …

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation …

FMLA absence shouldn’t trigger attendance penalty

06/01/2006

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …

All day Sunday off may be a reasonable accommodation

06/01/2006

If you require employees to work Fridays, Saturdays or Sundays, be aware that some employees may object on religious grounds. If they do, you’re required by Title VII to make reasonable ccommodations for sincerely held religious beliefs. And, surprisingly, that right may extend to the entire day off, not just long enough to attend religious services …

Apply good judgment to legal considerations

06/01/2006

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her OB-GYN saying she’d been seen, but not indicating when she could return. What should we do to avoid any legal fall out? —K.A., New York

Must We Give Time Off for ‘Witness Duty’?

06/01/2006

Q. We have an employee who has been subpoenaed to appear as a witness in a criminal case. She obviously has no choice but to go. Are we required to pay her while she is off, or can we have her take vacation time or an unpaid leave of absence? —C.S., Pennsylvania

How Long to Tolerate a ‘Disappearing’ Employee?

05/01/2006

Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for months at a time? —M.S., Ohio

FMLA users can shop around for favorable medical opinion

05/01/2006

When an employee shows you a medical certification that says she has a serious condition qualifying her for FMLA leave, you don’t have to blindly accept the doctor’s word. You can ask for a second opinion. But here’s what many employers don’t realize: Employees can do the same thing …

Dispelling 4 common myths about disability leave

04/01/2006

There once was a time when considering an employee’s request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee’s disability stems from a work-related accident, workers’ compensation issues must be taken into account …