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FMLA

FMLA: Intermittent Leave

02/13/2007

HR Law 101: Generally, the FMLA entitles employees to take intermittent leave for medical treatment or other medical reasons, whether it’s for the employee or a family member. But there’s the potential for abuse when employees take intermittent leave … 

FMLA: Paid vs. Unpaid Leave

02/13/2007

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …

You must continue health insurance benefits during FMLA leave

02/13/2007
The same services your group plan provides to on-the-job employees must be available to those on FMLA leave.

FMLA: Reinstating Workers After Leave

02/12/2007

HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority …

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

FMLA: Recordkeeping Requirements

02/11/2007

HR Law 101: The FMLA’s recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA …

Is your company too small for FMLA? Don’t be too sure

02/01/2007

If your organization employs fewer than 50 people, it’s probably exempt from complying with the Family and Medical Leave Act. But be careful how you do your math …

Prevent bias against men who take FMLA leave

02/01/2007

Would your hiring managers react negatively to male employees or applicants just because they took FMLA leave to care for a newborn or a sick family member? …

Calculating FMLA eligibility? Add in prior service

02/01/2007

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive …

Listen for hints about illness … they may be FMLA notice

02/01/2007

The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it’s important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” …