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FMLA

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

FMLA expansion to military families approved

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January, granting FMLA-protected leave to family members of injured military personnel and to families of military reservists called to active duty …

Time off for binge drinking doesn’t qualify for FMLA leave

03/01/2008
Employees who are alcoholics may be disabled under the ADA and are entitled to reasonable accommodations for treatment. That treatment also qualifies the employee for FMLA leave. But it doesn’t mean you have to tolerate or forgive unauthorized absences to indulge an alcoholic binge …

You can’t eliminate job because others filled in during FMLA leave

03/01/2008
The work doesn’t stop just because an employee takes FMLA leave. As a practical matter, the employer must redistribute the absent employee’s work among the remaining staff. If that goes well, you may be tempted to cut the position entirely. Before you eliminate that position, consider the following case …

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

The HR I.Q. Test: March ’08

03/01/2008
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz … 

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Answers to your FMLA military leave questions

03/01/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

FMLA compliance doesn’t rule out enforcing attendance policy

03/01/2008
We all know that people do get sick and miss work due to chronic conditions, accidents and serious illnesses. That doesn’t mean you cannot insist on good attendance. As you enforce your attendance policy, however, make sure you don’t count in any negative way absences covered by the FMLA …