Leave

Tell bosses: Don’t play doctor with the FMLA

03/04/2011

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

PTOs go mainstream; benchmark your plan

03/01/2011

Paid time off (PTO) plans have shot up in popularity in recent years and now are nearly the majority type of employee leave program at U.S. organizations. Use the following data from the recent Paid Time Off Programs and Practices survey by WorldatWork to benchmark your organization’s PTO practices.

Study: Paid family leave doesn’t kill jobs

02/25/2011

When California enacted a 2004 law requiring employers to grant paid leave for employees to bond with a new child or care for a sick family member, critics predicted it would cost jobs and harm small businesses. A new study says that didn’t happen.

Can workers use FMLA and sick leave back-to-back?

02/16/2011

Q. One of our employees thinks she will need about five months off for medical treatment. She wants to use her accumulated vacation and sick time and then go on FMLA leave. Do I have to allow this?

How much time off must we grant for school activities?

02/11/2011

Q. We are short-staffed due to layoffs. One of our employees wants to take more time off to attend school activities, even though we have already allowed her to attend parent-teacher conferences and a talent show. How much leave is the employee entitled to take under the Illinois School Visitation Rights Act?

Must we grant time off so employees can participate in activities at their children’s schools?

02/11/2011

Q. An employee is asking for time off to attend a classroom activity for his child. Do we have to comply with this request?

Injured employee may have returned too soon: Can we require him to take more leave?

02/10/2011

Q. We’re afraid that a previously injured worker returned from medical leave too soon. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance?

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011

Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

Can I ask about attendance without violating ADA?

02/07/2011

Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Snow days: Must you pay when weather keeps workers home?

01/28/2011

In the wake of the recent snow emergencies that swept across the Northeast, many employers have been trying to figure out when and if they have to pay their employees when work is shut down due to severe weather conditions. For the most part, the answer depends on an employee’s status under the Fair Labor Standards Act.