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FMLA

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

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

07/06/2009

FMLA rules say employers are required to let their workers know about the law and how to go about requesting FMLA leave for a serious health condition. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave. Make sure all managers and supervisors know how to handle medical call-ins so that a potential FMLA request doesn’t get lost.

‘Difficult’ employee? Don’t assume a disability

07/06/2009

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.

Can we terminate a no-call/no-show employee?

07/06/2009

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

Miscalculated FMLA? Just let employee know

07/03/2009

It’s easy enough to do. While calculating an employee’s remaining FMLA leave, you make a mistake and tell the employee he has to return by a certain day when in fact his leave expires earlier. How can you fix the problem if you discover it while the employee is out on leave? Just let him know that you made a calculation mistake and give him the correct information—before he has to return.

Poor review not grounds for FMLA retaliation suit

06/26/2009

All by itself, a negative performance review after an employee has taken FMLA leave doesn’t give the employee a reason to file a lawsuit. Unless the poor review is accompanied by something tangible—like a demotion or the loss of a pay increase—courts won’t see the review as retaliation.

You can discharge disabled employee if there’s no way to know when she’ll return

06/22/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return to work. As long as the employee isn’t covered by the FMLA (in which case, she would be entitled to 12 unpaid weeks of leave), you can terminate her without violating the ADA.

Can we request FMLA recertification for each migraine?

06/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reasons for the absences? Can we ask for information each time the employee is absent?

Pregnant poor performer: Can we fire her?

06/22/2009

Q. We have a pregnant employee who is planning to take maternity leave soon. Her performance has deteriorated badly during her pregnancy, but we don’t think her pregnancy has anything to do with it. Can we terminate?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?