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FMLA

Attendance policies: Control absenteeism without breaking the law

01/05/2009

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA …

Absent genuine doubt, grant FMLA care request

01/05/2009

Here’s a risk you’ll run into if you refuse to let an employee take time off to care for a child she says has a serious health condition that requires her care: If you guess wrong and the case goes to trial, it’s up to the jury to decide whether the child’s condition rose to the serious level.

New FMLA regulations and military leave: What you need to know

01/05/2009

New FMLA regulations go into effect on Jan. 16. Employers must become familiar with these changes and adjust their policies accordingly. Here’s a summary of some of the most important changes to the FMLA.

Can we demand a second opinion on fitness for duty after FMLA leave?

01/05/2009

Q. We have an employee returning from a leave taken under the FMLA. His physician has issued a fitness-for-duty certificate. However, we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Also, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination?

May we recover insurance premiums paid while employee was on FMLA leave?

01/05/2009

Q. I have an employee who is taking leave under the FMLA. The company is continuing to pay the same portion of her health insurance premiums that we paid while she was working. If the worker fails to return to work when her protected leave expires, may the company recover the premium payments made during her leave period?

New ADA and FMLA rules kick in this month

01/01/2009

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR pros must adapt to important changes to two key employment laws: the FMLA and the ADA.

Track reasons for multiple FMLA leaves

12/31/2008

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

What are the risks of continuing a no-fault attendance policy?

12/24/2008

Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Generous about leave? Beware FMLA suit anyway

12/24/2008

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn’t reinstated to his prior position or an equivalent? The apparent answer is "yes."