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FMLA

Feel free to impose legitimate discipline on employee, even if she’s on FMLA leave

04/15/2010

Perhaps you have faced this situation: An employee is about to be disciplined, but suddenly applies for FMLA leave. She begins her leave while the discipline is pending. Do you have to wait to punish her? Not if you can clearly show that the punishment is for legitimate reasons and not related to her FMLA leave.

Beware FMLA trap in no-fault attendance policy

04/15/2010
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 FMLA time off.

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?

Temp position OK during intermittent leave

04/07/2010

When employees take intermittent FMLA leave, it often causes logistical problems for employers. It’s hard to find someone to fill in during just those times when the employee is off. One solution is to find another position for the employee who’s taking intermittent leave. That way, another employee can temporarily fill her old position on a full-time basis.

FMLA eligibility: How serious is that serious health condition?

04/06/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how? Follow this five-step process for making sure an employee’s condition is FMLA-eligible.

How do we calculate the rolling FMLA year?

04/05/2010
One of the four permissible ways for an employer to calculate employees’ 12-week FMLA leave entitlement is to use a 12-month period measured backward from the date an employee uses any FMLA leave. For employers, this rolling 12-month period is the most administratively burdensome—and also the most advantageous.

How many lawyers do we need? Lawsuit names company and individual managers

04/05/2010
Q. An ex-employee who we fired just filed an FMLA lawsuit against us. In addition to our company, he also named as co-defendants the HR, benefits and plant managers, along with me, the president and CEO. We believe the employee was legally terminated. Is there any risk in having our corporate attorney represent all of the defendants in the lawsuit?

FMLA eligibility: How serious is that serious health condition?

04/05/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how?

Employee is wasted at work? You don’t have to tolerate it!

04/05/2010

It’s true that the ADA and FMLA require you to accommodate employees with medical ailments—even employees recovering from alcoholism. But take note: You certainly can enforce a zero-tolerance policy that forbids employees to work while under the influence of alcohol. Employers have every right to expect workers to show up sober in the morning. Being an alcoholic is no excuse.

You have personal liability under FMLA and ERISA

03/26/2010
Here’s food for thought: HR professionals and managers who terminate an employee for trying to get the benefits he is due under the FMLA or a company benefit plan are personally liable for the resulting harm.