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Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

8 tips for handling summer military-leave payroll issues

06/14/2011
Summer is usually when employees who belong to the National Guard and military Reserves give their two weeks of duty to Uncle Sam. Now is the time to prepare for their absence, by following these eight tips.

Must we hold job for injured worker?

06/08/2011
Q. We have an employee who has been off work for more than 10 months because of a workers’ comp-covered injury. We have no idea when she may possibly be able to return to work. Are we absolutely required under the law to give this employee her job back whenever she believes she is ready to return to work, no matter how long she has been out?

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Don’t interfere with overseas FMLA leave

05/27/2011

You may have an employee or two with relatives living in foreign lands. While it may not be an issue that comes up often, you should be prepared to handle requests for time off to care for sick relatives overseas. Don’t try to put unreasonable obstacles in the way.

Consider ADA issues once FMLA, personal leave expire

05/27/2011
Do you automatically terminate employees who can’t return to work after exhausting FMLA leave and personal leave? That could violate the ADA.

Are you ready for the EEOC’s enforcement crackdown?

05/11/2011
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.

When does 50 not equal 50? FMLA coverage versus FMLA eligibility

05/06/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility, which both have the magic number 50 as a key component.

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.