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FMLA

Make sure not to defame an employee when issuing ‘Security bulletin’ after termination

07/01/2007

Workplace violence is a serious problem, and employees who have been fired may sometimes overreact …

Pregnant employees: Where can you draw the line?

06/01/2007

Pregnant employees and applicants are protected by two federal employment laws: the Pregnancy Discrimination Act and the FMLA …

Can a New Mom Demand Part-Time Schedule?

06/01/2007

Q. We had a full-time employee take FMLA leave to have her baby. After her 12 weeks off, she demanded a part-time schedule. We need the position to be filled full time. The shift we want her to work is the one she was working before she took FMLA leave. Do we have to let her work the schedule she wants?—E.L., Connecticut

Post-Birth FMLA Leave: Can it be taken in shifts?

06/01/2007

Q. I know employees welcoming a new child into the family can take FMLA leave within 12 months of the child’s birth. But what if the employee takes just eight weeks after birth and returns to work? Can she take another four weeks of FMLA leave about six months later (i.e., still within the child’s first 12 months of life)?—L.O., Texas

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Is bereavement leave also FMLA leave? Not usually

06/01/2007

Bereavement leave for employees who suffer a death in the family may be part of your benefits package, but it isn’t necessarily covered by the FMLA …

Train managers to act immediately on leave requests

06/01/2007

Unless you train supervisors and managers to forward all FMLA requests immediately to the HR office, you may find your organization on the losing end of a lawsuit for interfering with an employee’s right to take medical leave …

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …

Require certification if intermittent leave ‘Need’ might be bogus

06/01/2007

It’s one of the most challenging FMLA problems: An employee with a chronic health condition says she needs intermittent leave and uses it as an excuse to take time off whenever she wants. You suspect she’s taking advantage of your organization, but worry that turning her down may trigger an FMLA lawsuit …