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FMLA

Suspect sick leave abuse? Set strong policy to stamp it out–and allow legit FMLA leave

03/12/2010

Unplanned absences can disrupt even the best-run workplaces. Of course, you don’t want truly sick employees to come to work if they have some contagious illness. Nor do you want to discourage employees from taking legitimate FMLA leave. Your challenge as an employer: Craft and enforce an attendance policy that allows or even encourages legitimate sick leave use while discouraging abuse.

Keep track of all time off! Authorized leave counts toward employees’ FMLA eligibility

03/11/2010

If you grant time off to employees who aren’t yet eligible for FMLA leave, take note: If they’re on your payroll, their time off counts toward FMLA eligibility. That means that once they hit the one-year mark, they become entitled to those 12 unpaid FMLA weeks—and terminating them could launch an FMLA lawsuit. That wasn’t always the case …

Warn managers: Don’t mention FMLA during discussion about discharge

03/11/2010

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. The best idea: Have someone neutral from HR deliver the news that the employee is being let go.

OK to fire for absenteeism before FMLA eligibility

03/11/2010

Employers are often confused about how much absenteeism they must allow for employees who haven’t worked long enough to be covered by the FMLA, and who aren’t otherwise entitled to miss work as a reasonable accommodation for a disability. The bottom line is that if you treat everyone equally, you can set high attendance expectations—and fire those who don’t meet them.

We hear a worker is sick: What can we say?

03/10/2010

Q. We recently heard from a co-worker that an employee (“Mike”) seemed to be having some health issues. Mike hasn’t said anything to his supervisor or anyone else as far as we know. What can we say?

Remind your managers: No comments on family planning

03/09/2010

Most bosses understand they can’t use ethnic or racial slurs, but many don’t understand that the same common sense applies to discussing topics such as family planning. What sorts of comments are off limits? Just about anything that could make an employee think a supervisor might count it against her if she used FMLA leave.

Plan for work pile-up following FMLA leave

03/09/2010

In today’s economic climate, you might be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. Especially if you initially believe the employee won’t be gone long, what’s the harm? But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to catch up or else.

Employee returning from FMLA leave? Double-check reinstatement to same duties, pay

03/09/2010

Employees who take FMLA leave are entitled to come back to their old jobs or an equivalent one and receive the same pay and benefits as before. That includes any supplemental duties and any extra pay associated with those duties.

Reversing FMLA denial doesn’t end retaliation claim

03/09/2010

Here’s a reminder that HR needs to do everything in its power to get FMLA decisions right: If you turn down an FMLA request and then punish the employee for missing work, she could sue, claiming she was retaliated against for requesting FMLA leave in the first place. Reversing the original FMLA decision won’t end the case.

What are the rights of an employee who wants leave to care for his pregnant girlfriend?

03/09/2010

Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?