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FMLA

When employee has FMLA history, beware punishing for suddenly going home

06/09/2015
It’s almost always inconvenient to have an employee suddenly leave in the middle of a shift. But if the under­­lying reason is an FMLA-covered con­­dition and he gave you enough information to make you realize the time off might be covered by the FMLA, think twice before punishing the early departure.

After FMLA leave, watch timing of firing

06/09/2015
Generally, employees who take FMLA leave are only entitled to their job back if they are able to return to work right after their 12 weeks of time off expires. Imme­­di­­ately terminating the employee without a good reason may backfire, because it could be seen as retaliation for taking leave.

DOL’s new FMLA forms are valid for three years

06/05/2015
The U.S. Department of Labor has finally gotten around to revising its official FMLA forms on more than a month-by-month basis.

OK to call employee who is on FMLA leave–just keep the conversation short and sweet

06/03/2015

Employees out on FMLA leave are supposed to be freed of their regular work responsibilities. They are on leave, after all. Some supervisors have taken this to mean that they may never call an employee who is out on FMLA leave to discuss work-related matters. That’s not entirely true.

Give lots of notice before changing FMLA rules

06/01/2015

Employees who need FMLA leave must notify their employers either 30 days before, if the need is foreseeable, or as soon as “practicable” if the need is unforeseeable. Thus, elective surgery requires 30 days’ notice, while emergency surgery does not. Lots of employers, however, have far less formal rules in place. Some allow a simple doctor’s note to stand in as a request for FMLA leave.

When can we terminate during medical leave?

05/28/2015
Q. We have an employee who has been on workers’ comp for nine months. He’s not planning to have his fractured ankle operated on. HR wants to terminate him on the grounds that (after the operation) he will have been on FMLA for over a year. We realize the employee would still be carried by our insurer. Can we legally terminate an employee on workers’ comp after a year’s medical leave? — Vincent, Louisiana

When is it OK to call an employee who is out on FMLA leave?

05/26/2015
When employees are out on FMLA leave, they’re supposed to be freed of their regular work responsibilities. While you shouldn’t give an employee specific work tasks or expect her to spend her time working at home, you can make simple inquiries, such as asking about the status of a project or where a file may be located. Just keep the conversation brief and professional.

Sudden FMLA leave? Focus on logistics

05/26/2015
There’s no doubt that a key em­­ployee’s sudden and unexpected extended absence can disrupt business. Even so, remind supervisors to keep their gripes to themselves if it turns out that the employee is exercising her FMLA rights.

OK to discipline for intermittent leave abuse

05/19/2015
Unexpected absences can cause scheduling headaches. However, since FMLA leave is an entitlement, there isn’t much employers can do—at least when the call-offs are legitimate. But not every absence is legit.

You don’t always have to be right–just honest

05/18/2015
As long as you act in good faith, most courts will uphold your honest HR decisions.