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Leave

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

What is California’s law concerning time off to attend school activities?

08/26/2009

Q. Many of our employees have children who will return to school this month. Are we required to grant these employees time off for school-related activities?

Should we send FMLA forms to employees who are ineligible for FMLA leave?

08/26/2009

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

The 9 rule changes rocking the FMLA world

08/25/2009

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.

Return FMLA leave-taker to equivalent job, no matter what

08/25/2009

Employees who take leave under the FMLA or the New Jersey Family Leave Act are entitled to return to the same or an equivalent position.

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

How does workers’ comp work alongside FMLA leave?

08/13/2009

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his FMLA leave?

Under 50 employees? How FMLA could apply to you regardless

08/11/2009

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you’re a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

FMLA trap to avoid: Dodging the coverage-by-estoppel bullet

08/07/2009

Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.