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FMLA

Changing employees’ job duties or hours during FMLA leave? Have good reasons

02/04/2015
Employees who take FMLA leave are generally entitled to come back to their old jobs when they return. If you make any changes to their jobs, be sure you can document solid business reasons that are unrelated to FMLA leave.

OK to base discipline on pre-FMLA absences

02/04/2015

Until an employee has logged 12 months of service with her employer, she’s not eligible for FMLA leave. After she becomes eligible, you can’t use FMLA-related absences against her. But what about absences occurring before she became eligible? Can you count those? The answer is yes.

The ideal: Those who handle discipline shouldn’t have access to FMLA info

02/04/2015
If you have a large enough HR office, it makes good sense to keep the FMLA request-and-approval process separate from the disciplinary process. Doing so ensures that someone with expertise in FMLA administration handles the entire process.

Can we collect insurance premiums from employee who was out on FMLA leave?

02/02/2015
Q. One of our employees recently returned from FMLA leave. Before he left, the method in which he would pay his share of health insurance premiums was never decided. It’s been two months now and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium?

Employee won’t give up FMLA info? That may be willful misconduct

02/02/2015
Employees fired for willful misconduct aren’t eligible for unemployment compensation. But what is willful misconduct? The term is broad and can include all kinds of behavior, such as refusing to cooperate with an employer’s rea­­sonable request for information.

Tell bosses: Don’t query medical appointments

02/02/2015
Warn supervisors that they shouldn’t comment on the time that employees take off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.

Require employee to call HR during FMLA leave

02/02/2015
There are ways to discourage FMLA leave abuse. One is to make taking leave just a little inconvenient by requiring more than a simple call-in. You can, for example, require the employee to notify both his supervisor and someone in the HR or benefits office. That’s perfectly fine as long as everyone on intermittent leave has to do the same.

Pregnancy Discrimination Act

01/30/2015

HR Law 101: The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” Employers can’t deny a woman a job or a promotion merely because she’s pregnant or has had an abortion …

Can we replace employee who has been on FMLA leave for 14 weeks and isn’t due back soon?

01/21/2015
Q. An employee went out on leave for a medical condition after working for us for 10 months. While the employee was not FMLA-eligible when the leave commenced, he was inadvertently advised that his leave was covered by the FMLA. The employee has now been on leave for 14 weeks, and he is not expected to immediately return to work. We would now like to fill his position. Is this permissible?

Think twice before changing employee’s job duties or hours during FMLA leave

01/21/2015
Employees who take FMLA leave are generally entitled to come back to their old jobs when they return. If you make any changes to their jobs, be sure you can document solid business reasons that are unrelated to FMLA leave.