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FMLA

Make sure employees–and bosses and HR–know exactly how to call in FMLA absences

06/14/2010
Make sure your entire staff is on the same page when it comes to responding to FMLA requests. Decide on a contact person and set a policy that lets all employees know. Create a log for recording all incoming FMLA communications. Remember, certifications may come directly from medical providers, who are likely to use fax or mail delivery.

Have a no-fault attendance policy? Beware the FMLA liability trap

06/08/2010
Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation and then punish employees who go beyond allowable limits. No-fault policies are fine … as long as they don’t penalize workers for taking time off that’s protected under the FMLA.

Intermittent FMLA leave may open accommodation door

06/02/2010

If you approve intermittent FMLA leave for an employee’s serious health condition, you’ll have a tough time arguing later that the employee’s disability means he’s unable to perform the essential functions of his job. That’s because you’ve already shown that periodic absences didn’t interfere with running the business.

Employment law by the numbers: Know which laws you can ignore

06/01/2010

Employers must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ. Here’s how to tell which laws affect your workplace … and which ones you can safely ignore.

Don’t rely on software alone to determine employee’s FMLA eligibility

05/26/2010

Many employers use software to track FMLA eligibility. Most of the time that works fine. But if you decide to terminate an employee because the software told you she wasn’t eligible for FMLA leave, double-check the calculation first. If you confirm she hasn’t worked a total of 52 weeks, you can terminate her.

No-fault attendance alert: Think twice before firing FMLA-eligible employee

05/26/2010

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave.

Can we require employees to use accrued paid leave instead of FMLA leave?

05/24/2010
Q. One of our supervisors needs time off to undergo medical treatment. Instead of FMLA leave, may we require him to use accrued vacation for the time he will miss?

Vacationing worker got flu: Can she call it sick leave?

05/20/2010
Q. One of our employees got the flu while she was out on vacation leave. Now she wants her vacation time back and wants to call those “sick days” instead. Do we have to let her change the status of this leave time?

Can we terminate employee who has used all FMLA leave but still needs time off?

05/17/2010
Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

Must we grant dad intermittent FMLA leave after baby is born?

05/17/2010
Q. Do we have to grant an employee’s request for intermittent FMLA leave to care for his newborn son?