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FMLA

The FMLA calendar: 4 methods to counting an ‘FMLA year’

12/20/2011
The DOL’s FMLA regu­­la­­tions provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.

Problems surface during FMLA leave? Fire away!

12/20/2011

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.

What are the new FMLA rules affecting federal employees?

12/19/2011
Q. We’ve heard that federal employees’ FMLA rights have recently expanded.  Can you tell us about this?

If FMLA leave has expired, when must we grant additional time off?

12/19/2011
Q. We have an employee who has exhausted his FMLA leave, but wants additional time off. Do we have to grant his request?

FMLA cases can hang on suspicious timing, internal documents

12/19/2011
In Shaffer v. American Medical Association, the 7th Circuit Court of Appeals reminded employers they cannot base a termination decision on an employee’s decision to take FMLA leave.  Here are some of the lessons the case can teach employers.

Team up for termination meetings; going solo could trigger lawsuit

12/19/2011
When terminating an employee, never meet one-on-one. Instead, make sure at least two company representatives are present at all times. The reason? If you meet alone, you give the employee an opportunity to put words in your mouth—words that may end up as evidence against you in court.

Your dollars at risk: Protect yourself from personal liability

12/13/2011
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. Here’s how to protect your personal funds.

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

New Florida FMLA status: Pet abuse victim?

12/13/2011
State Sen. Mike Fasano has proposed an amendment to Florida’s Family and Medical Leave Act that would allow workers to take time off to protect their pets from potential domestic abuse.

FMLA: No reinstatement guarantee for trial job

12/13/2011
Here’s a twist on the FMLA’s requirement to restore an employee to her previous job after she returns from leave: If an employee has been provisionally promoted but takes intermittent FMLA leave, she’s not necessarily entitled to the new job when her leave expires.