• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

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.

Court: Arbitration OK as long as employee doesn’t have to give up any rights

05/18/2015
A federal court has upheld an arbitration agreement negotiated between a union and an employer that compelled individual arbitration for FMLA claims.

Focus on performance–not attendance–when firing employee who used FMLA

05/18/2015
Employers that rely on absenteeism to fire such a worker may find themselves in court arguing over which absences and late arrivals should be included or excluded—and hope they got it right.

Spell out rules for returning from FMLA leave

05/18/2015
What do you expect an employee to do at the end of approved FMLA leave? Clarify that it’s the employee’s responsibility to notify the employer and check his schedule when he receives medical clearance. Then, if the employee ignores your instructions and doesn’t show up, it’s willful misconduct—making him ineligible for unemployment benefits.

Can we put travel limits on workers taking FMLA?

05/15/2015
Q. Do we have to let an employee leave the United States to visit his home country while on family medical leave? Are there restrictions? — Terry, New Jersey