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FMLA

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 …

Log for leave requests can save the day

06/01/2007

Problem employees—the kind that see discrimination, harassment and retaliation every time a supervisor so much as issues an oral warning for anything—won’t hesitate to sue and charge retaliation. They may even seek redress for minor slights by requesting FMLA leave and trying to trip you up if your response is not to their liking …

Recalled employee may be eligible for FMLA leave

06/01/2007

When employees are temporarily laid off with the right to return during a recall, all the regular rules for FMLA time off apply on the day of the recall. That’s because a break in service doesn’t destroy the employee’s eligibility …

You can include FMLA waiver in severance agreement

06/01/2007

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can’t waive their FMLA rights as a condition of employment …

In FMLA case, you must be present before you can leave

06/01/2007

A woman who worked for the Philadelphia Water Department lost her FMLA claim because she did not meet the basic employment qualifications …