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Leave

FMLA eligibility: DOL expands definition of ‘son and daughter’

08/25/2010
The U.S. Department of Labor recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.

Does the FMLA apply when an employee has to care for a child she isn’t related to?

08/18/2010
Q. We have an employee who cares for a child but does not have a legal or biological relationship to the child. The employee wants to take a child-related leave under the FMLA. Is she eligible?

Require strict compliance with FMLA certification rules

08/18/2010
Want to stop FMLA abuse? Then get strict about enforcing your certification requirements. There’s no reason employees should be allowed to simply say they need FMLA leave. Instead, make them turn in certifications within tight deadlines.

Don’t automatically approve FMLA leave for elective or cosmetic surgery

08/18/2010

Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.

What are our FMLA obligations when an employee has to care for a child he isn’t related to?

08/12/2010
Q. An employee has requested FMLA-protected leave to care for his partner’s son. We are aware that the child is not legally or biologically related to our employee. Do we have to grant the leave?

Illness won’t bar unemployment; violating call-in policy may

08/12/2010
Employees who are terminated because they become ill and can’t meet attendance standards can still collect unemployment compensation benefits. But employees terminated because they didn’t follow call-in policies can’t. That’s misconduct, which bars receiving benefits.

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Ohio Supreme Court OKs maternity leave waiting period

08/06/2010
Ruling against the Ohio Civil Rights Commission, the Ohio Supreme Court has ruled that a nursing home’s policy of requiring one year of service before providing maternity leave did not violate state law.

Employee being disciplined suddenly gets ‘sick’? Don’t fall for ruse invoking FMLA protection

08/06/2010
This will probably happen to you someday (if it hasn’t already): An employee in the middle of being disciplined suddenly says he’s ill and has to leave work. Then, after being terminated, he claims you interfered with his right to take FMLA leave. Don’t fall for it.

When tracking FMLA abuse, use surveillance cautiously

08/05/2010
Before you decide to videotape someone whom you suspect may be abusing FMLA leave, make sure you have a good-faith reason to do so. And be prepared to show that surveillance is a common practice for similar suspicions.