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FMLA

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Notify ‘key employee’ right away if denying reinstatement to job

10/01/2004
Employees who take leave under the Family and Medical Leave Act (FMLA) are usually guaranteed reinstatement to their jobs. But one key exception exists: You can designate a class of highly …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Common small-company confusion: believing FMLA applies to them

10/01/2004
Small employers may be hurting their productivity by offering more generous family-and-medical leave benefits than legally required.
That’s the message of a new National Federation of Independent Business (NFIB) study, …

Review past practices to judge FMLA leave request

10/01/2004

Q. We’re a 24/7 office. Some employees rotate shifts, but our night employees typically work the same shift. After one of our employees gave birth, she asked to be placed on the night shift. We granted her request, but now she says medical reasons require her to be off for five days in a row. We put her back into the regular shift rotation, but she claims her FMLA rights are being violated and wants all employees to rotate shifts, even the night employees. Do we have to do this? —M.L., Ohio

Require employees to show FMLA proof before their leave

10/01/2004
Issue: When must employees provide proof of their need for FMLA leave? Benefit: You can require employees to provide proof when they request the leave. Action: Don’t be …

Start of absence, not approval date, sets 12-week FMLA clock ticking

09/01/2004
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of job-protected, unpaid leave. When do those 12 weeks officially begin? A new court ruling …

Remind employees to closely read the forms and policies they sign

09/01/2004
Make sure to clearly inform employees who take medical or disability leave at the outset about the length and terms of their leave and the consequences of failing to return to …

FMLA notice rules: Provide quick response to leave request

09/01/2004
THE LAW. Eligible employees who want to take leave covered under the Family and Medical Leave Act (Act) must give you 30-days’ advance notice when the need is foreseeable, such …

Sniff out suspicious FMLA requests with this 9-step plan

09/01/2004
Issue: Half of all HR professionals say they’ve approved FMLA requests that they believed weren’t legitimate. Risk: Employees who “work” the system to earn …