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FMLA

Tell employees when you plan to charge time off to FMLA

01/01/2008

When an employee takes leave to deal with a serious health condition, be sure to inform her that you plan to charge the time against her allotment of unpaid FMLA leave. If you fail to do so and the employee later runs out of leave and loses a benefit, it will be relatively easy for her to sue and show she was somehow harmed by the lack of notice …

FMLA amended: Will new law open door to further changes?

12/18/2007

For the first time since it became law in 1993, the FMLA is on the verge of being amended. The House and Senate approved broad leave protections for the family members of miltary men and women, and the president is expected to sign the legislation into law. Will the amendments open the floodgates to further changes? How will that affect employers?

You can insist on complete Labor Dept. FMLA form

12/04/2007

Intermittent leave is one of the trickiest areas of the FMLA. While employees with chronic health conditions may need short periods of time off when their conditions flare up, employers also know FMLA intermittent leave is prone to abuse. That’s why it’s important to immediately nail down the expected frequency and duration of intermittent leave …

Don’t force FMLA leave unless health condition is serious

12/01/2007

The FMLA allows employers to designate time off as FMLA leave even if employees want to use other time off (such as vacation and personal days) to deal with serious health issues. But be careful—if the time off turns out to be for a health condition that wasn’t serious and you later deny FMLA leave because the employee has none in the bank, she can charge you with interference with her FMLA rights …

Beware informal policy on returning after pregnancy

12/01/2007

Many employers try to simplify medical leave policies by adopting the same eligibility requirements set by the FMLA. But those same employers sometimes make exceptions for select employees, especially if they are seen as too valuable to lose to a short medical leave. Watch out if that’s your informal practice. Denying that flexibility to pregnant employees probably violates the federal Pregnancy Discrimination Act …

Do temporary employees count?

12/01/2007

Q. We’re a small company with about 45 employees, but we have another 20 employees who are temporary. Do we have to count the temps when complying with the EEO or other employment laws? …

Firing after FMLA leave makes ADA request irrelevant

12/01/2007

Employers sometimes find themselves in tricky situations: An employee who has exhausted FMLA leave cannot return to work yet, but might be able to after more time off as an ADA accommodation. In effect, the ADA may extend leave if the employee is disabled. But a new case shows that an employer’s quick action may stop the clock …

Getting started on FMLA leave processes

12/01/2007

Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? …

Salaried employees running out of leave

12/01/2007

Q. If a salaried employee has used up all vacation and sick time, yet wants to take more vacation or calls in sick, can we make deductions from his pay? If not, what can we do? We don’t want the employees getting out of hand …

Employers have burden to prove employee hours fell short of FMLA requirements

12/01/2007

If you don’t track hours worked (for example, if you have exempt employees who come and go as they please), you may find yourself in hot water if you claim an employee hasn’t worked enough hours to be eligible for FMLA leave. The FMLA regulations make it clear that if “an employer does not maintain accurate records of hours worked by an employee … the employer has the burden of showing that the employee has not worked the requisite hours” …