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FMLA

On the hook for FMLA transgression? Offer immediate reinstatement to cut liability

11/01/2007

The FMLA is a complicated law, ready to trip up even the savviest HR specialist. Often, a case turns on the employer’s subjective motivation rather than its objective action. What do you do once you realize your organization may be on the hook for an FMLA violation? The answer: Immediately, unconditionally offer to reinstate the employee. You will cut back-pay and failure-to-reinstate liability …

Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

No unemployment comp for workers who quit to care for disabled family members

11/01/2007

Family and military leave laws require Indiana employers to accommodate employees dealing with certain family problems. But the law doesn’t stick employers with an unemployment compensation bill when employees quit after their protected leave expires. Thanks to a recent Indiana Court of Appeals decision, it is now clear that voluntarily quitting to care for an ill family member does not mean the employee is eligible for unemployment compensation payments …

Basics of the FMLA: 7 steps to total compliance

11/01/2007

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid leave per year for their own “serious health condition,” care of a spouse, child or parent with a serious health condition, or for childbirth or adoption.The U.S. Labor Department recently collected 15,000 public comments about the pros and cons of the law. The department may use those comments to help develop regulations that clarify the confusing parts of the law, but no regulations are imminent …

Mandatory doctor visits: Must you pay for the time?

11/01/2007

Q. We sometimes send our employees to our company doctor. Do we have to pay employees their hourly rates for their time? Also, are we responsible for any accidents that happen on the drive? —C.C., Arizona …

Drawing the line on tardiness: the legal risks

11/01/2007

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey …

You can automatically apply FMLA/CFRA leave with notice

11/01/2007

Employees who need to take time off for serious health conditions can use both federal FMLA leave and California Family Rights Act (CFRA) leave, plus other paid leave for the absences. But employers can require employees to use their available FMLA and CFRA leaves for any eligible condition, even if the employees are off on other paid leave. That way, employees aren’t eligible for more time off after they have exhausted other leave entitlements …

Temp agency employees and the FMLA

11/01/2007

Q. Must an employer using the services of a temporary agency comply with the FMLA for its temporary or leased employees? …

Recouping company-paid health plan premiums after FMLA leave

11/01/2007

Q. While my employees are out on FMLA leave, we pay our share of health plan premiums on behalf of them. If an employee does not return to work following his FMLA leave, can I recover those premiums directly from the employee? …

FMLA claims just got tougher for employers

11/01/2007

The 4th Circuit Court of Appeals has decided that waiving employers’ past violations of the FMLA requires approval from a court or the U.S. Labor Department. That gives employees a leg up if they sue their employers for violating the FMLA. At the heart of the case is an FMLA regulation that states, “Employees cannot waive their rights under FMLA” …