Leave

Can we retroactively designate FMLA leave?

01/11/2010

Q. We have an employee who is on leave for two weeks to care for her ill husband. She is also pregnant and has told us she wants to take FMLA leave after she gives birth. We haven’t yet designated her current time off as FMLA leave. Can we do so and cut her entitlement by two weeks?

Does calling in ‘sick’ constitute FMLA notice?

01/11/2010

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

Tell employees on FMLA leave: No working from home

12/30/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. And interference can include requiring employees to perform work during their leave. That’s why it’s important to make arrangements for work to be completed without help from the employee on leave.

Don’t automatically grant FMLA leave for stress

12/28/2009

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work for a week or so to cope. That doesn’t mean, however, that employees are automatically entitled to use FMLA leave. Even if they get a doctor to write a note “prescribing” rest, they don’t qualify for FMLA leave unless there’s some additional treatment ordered, such as medication or counseling.

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.

How should we handle partial days off for our salaried business manager?

12/23/2009

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?

New rule on partial-day absence

12/22/2009

On Nov. 23, the California Division of Labor Standards Enforcement issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees’ partial-day absences of fewer than four hours without risking their exempt status.

Time out! Who’s taking holidays when in 2010?

12/22/2009

As the New Year approaches, it’s time to pull out your calendar and compare the paid holidays you’ve got planned with those of your HR counterparts across the nation. Most employers recently told SHRM that their 2010 schedules will look a lot like 2009’s—with one exception.

Congress is considering five paid sick days for H1N1 exiles

12/11/2009

H.R. 3991 would guarantee workers with contagious diseases, such as the H1N1 flu virus, up to five paid sick days if their employer “directs” or “advises” them to stay home or go home due to the illness.

What are the new FMLA military leave protections?