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You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Don’t let FMLA request stop legit discipline

09/10/2009

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. Not so. Employers are free to discipline or discharge employees if they can show they would have taken the same action even if the employee never asked for or received FMLA leave.

How does disability leave work with the FMLA?

09/10/2009

Q. We have an employee out on a medical leave who is collecting short-term disability benefits. We have also designated the leave as FMLA leave. Our FMLA policy allows us to require the employee to use accumulated paid leave benefits concurrently with FMLA leave. Can we reduce this employee’s paid leave bank for the FMLA time he is taking?

2009 is ‘year of employee benefits’; more in the pipeline for 2010

09/08/2009

Employee benefits have been in the national spotlight right from the start of 2009. From the new FMLA and ADA rules that took effect in January to today’s white-hot health care debate, employers are dealing with important changes and “could-be” changes. Let’s look back at the year in benefits and ahead to what could be coming.

Am I permitted to communicate directly with employees’ medical professionals?

09/08/2009

If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

Retaliation applies to former employees, too

09/08/2009

Here’s a potential trap you may not have considered: Punishing a former employee may be retaliation, too. That means that you must carefully consider anything you do involving a former employee before you act.

Switch to PTO nearly eliminates sick days

09/04/2009

The 350 employees who work for nine Monarch Bank branches in in Virginia call in sick no more than a collective 10 days a year. That wasn’t always the case. Until five years ago—when bank execs combined sick leave and vacation time into a use-it-for-anything paid-time-off (PTO) bank—each employee was far more likely to use all of his or her 10 paid sick days rather than forfeit them.

Beware firing ill employee after FMLA expires

09/02/2009

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.

Record of support for pregnant women, working moms helps win discrimination cases

09/02/2009

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

Employers preparing for swine flu’s second wave

09/02/2009

The World Health Organization raised the swine flu alert to its highest level, saying the H1N1 virus has reached global pandemic levels. Your best HR defense is a good offensive plan to handle the logistical and employment law issues …