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FMLA

Be careful with doctor certifications: Union contract may trump FMLA rules

07/07/2008
Employers can insist that employees submit medical certification of their need for FMLA leave within 15 days. But what happens if a union member is denied FMLA leave because the employer didn’t get the certification within the 15-day limit? …

The FMLA and domestic partners

07/07/2008
Q. Several of our company’s employees live with domestic partners. Are these employees entitled to leave under the FMLA? …

Balance FMLA and ADA rights to avoid potential trouble

07/07/2008
What happens if an employee who qualifies for FMLA leave also has a qualified disability under the ADA, a disability that could be accommodated with additional time off or a job modification? Before you discharge someone unable to return to her old job after 12 weeks of FMLA leave, consider whether she is disabled and can be accommodated—if she asks …

Make sure employees understand your FMLA calendar

07/07/2008
FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave …

Worried about leave abuse? You can require regular call-Off

07/07/2008
Employees who have chronic medical conditions that require intermittent FMLA leave sometimes take advantage of alleged flare-ups to go on vacation or otherwise miss work for personal reasons. Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy …

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …

Balance ADA rights when worker returns from FMLA leave

07/01/2008
An employee who takes FMLA leave is entitled to return to her former job when she recovers. But what if she still needs more time to fully recover and can’t do her old job? Can you refuse to reinstate the employee? Before leaping from that litigation-prone ledge, consider whether the employee may be covered by the ADA …

Prepare now for Paid Family Leave Act, taking effect in 2009

07/01/2008
On May 2, 2008, Gov. Jon Corzine signed the Paid Family Leave Act (PFLA), making New Jersey the third state to provide workers with paid family-leave benefits. The PFLA takes effect on January 1, 2009, when employees will begin contributing to the fund …

Track intermittent leave meticulously when you offset FMLA time with paid leave

07/01/2008
Employers are allowed to substitute paid time off for unpaid FMLA leave. But employers have to let employees know that’s what they are doing. And that can get tricky if the employee is taking intermittent leave for a chronic condition, plus leave for other personal needs such as vacation or mild illness …

Unmarried co-Workers, childbirth and FMLA leave

07/01/2008
Q. Two of our employees (they aren’t married) are having a child together. I know that spouses who are employed by the same company have to share the 12 weeks of FMLA leave following the birth of a child. How does it work for unmarried parents in a workplace? …