FMLA

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003

Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003

When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003

Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Do you approve dubious FMLA leave? You’re not alone

05/01/2003

Half of the human resource professionals polled recently say they’ve approved Family and Medical Leave Act (FMLA) requests that they believed were not legitimate. They felt obligated to grant the leave …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003

We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

You don’t have to offer FMLA leave to let worker travel with sick spouse

04/01/2003

Courts keep pushing the Family and Medical Leave Act (FMLA) boundaries, letting employees take job-protected leave for circumstances other than physically providing care to a sick family member.

Simple pain complaint doesn’t count as FMLA notice.

03/01/2003

A worker who previously fractured his coccyx told his boss he was “in pain from his tailbone” and needed to go to the doctor that day. Although the boss told him …

‘Possibility’ of serious illness wins coverage

02/01/2003

The rule has been drummed into your brain: An employee can take job-protected leave under the Family and Medical Leave Act (FMLA) if he suffers from a …

FLSA, FMLA enforcement reaches record highs

02/01/2003

If you thought the regulatory watchdogs would become lap dogs under the Bush administration, you were wrong. In fiscal 2002, the U.S. Labor Department collected $143 …

Don’t raise performance bar solely on workers taking FMLA

01/01/2003

Talk about a multimillion-dollar mistake. In a case that could spell a trend as more baby boomers care for aging parents, an Illinois federal jury awarded $11.65 million to a hospital …