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

Leave

When duty calls: Don’t interfere with employees’ jury duty

09/01/2010
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.

Employee called to jury duty? Different leave rules apply for federal, state courts

08/31/2010

The Jury Systems Improvement Act, a federal law, says employers can be held liable for terminating or intimidating employees because of their service on a federal jury. Most states also set their own rules regarding employee leave for state and local jury duty. Bottom line: Draft a policy that explains leave protections for jury service in both federal and state courts.

After FMLA leave, you can require workers to provide back-to-work fitness certification

08/31/2010
Many employers have a standard policy that requires employees returning from sick leave to prove that they’re fit for work. If you have such a policy—and you apply it consistently—you can also require employees who use FMLA leave to provide the same certifications.

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

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?