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FMLA

Be sure to document if worker says she doesn’t need leave

07/24/2009

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.

Is FMLA leave optional when employee has adequate sick leave to cover her absence?

07/24/2009

Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they qualify?

Rest easier tonight! You can’t be held personally liable for Title VII violations

07/24/2009

It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.

A good deed punished: Voluntary FMLA leave can become a mandate

07/20/2009

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

For FMLA purposes, who’s a ‘key employee’?

07/17/2009

Q. On the U.S. Department of Labor’s Form WH-381 (Notice of Eligibility and Rights & Responsibilities), there is a line that asks if the worker is a “key employee” as defined in the FMLA. I don’t want to offend any of our employees, so I always check the “yes” box.  Am I doing the right thing?

Suspect FMLA mischief? Use certification before taking drastic action

07/17/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Your first—and safest—option: request a medical certification stating the employee has a serious health condition.

Set clear, consistent response to employees’ ‘I’m sick’ calls

07/17/2009

Nothing will land you in FMLA trouble faster than ignoring an employee’s request for leave. You’d never do that, you say. But what about an untrained supervisor? Make sure all managers and supervisors know how to handle medical call-ins. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave.

Disability payments and the FMLA

07/17/2009

Q. Can we require an employee who is out on FMLA leave to use accrued paid time off if he or she is receiving disability payments?

Fire with caution if employee has just asked for FMLA leave

07/13/2009

Employees who know they are in trouble often try to protect themselves by asking for FMLA leave. That tactic might work only if the employee can show he was eligible for it.

Does Minnesota law let workers take time off for their children’s school activities?

07/08/2009

Q. Last year an employee explained an absence by referring to his rights under Minnesota law to attend school activities. What exactly do Minnesota laws say about a parent’s right to be away from work because of school activities or to take care of children?