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FMLA

Beware denying ‘vacation’ requests that are thinly disguised as FMLA leave

08/26/2011
If an employee asks you to ap­­prove an especially long vacation, and you suspect the reason may be a covered condition under the FMLA, beware automatically rejecting the request. You may risk an FMLA in­ter­ference lawsuit. Plus, any subsequent discipline could be considered retaliation.

EEOC finds fault with ‘no fault’ attendance policies

08/25/2011

Verizon’s recent $20 million settlement of a class-action lawsuit—the largest disability settlement in EEOC history—is shining a spotlight on the legal risks of no-fault attendance policies. The lawsuit claimed the company violated the ADA by refusing to make exceptions to its no-fault attendance policy to accommodate employees with disabilities.

Always have witness to entire termination process

08/23/2011
To avoid needless litigation, make sure someone else sits in on termination meetings.

FMLA leave expired? You don’t have to reinstate

08/23/2011
Some employees assume that they’ll automatically return to their old positions after taking FMLA and other leave. That’s not necessarily true. Employers are required to guarantee return only if the employee comes back before her 12 weeks of FMLA leave expire.

Is that employee really disabled? Making the ADA call requires careful analysis

08/23/2011
Just because an employee takes FMLA leave to deal with a serious health condition doesn’t mean he’s disabled under the ADA—and therefore entitled to reasonable accommodations when he returns to work. Before jumping to the conclusion that a returning employee is entitled to whatever accommodation he requests, ask yourself whether he is, in fact, disabled. What counts is his condition at the time he requests the accommodation.

Handbook make-over: 4 guidelines to follow, 5 policies to include

08/23/2011

Each year, new employment laws go on the books and courts write thousands of decisions interpreting old laws. Yet, year after year, HR pros reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago. It’s time for a rewrite. Here’s the guidance you need to get started.

FMLA can’t be used for school-related absences

08/18/2011

The beginning of the school year finds many anxious parents needing to take some time off from work to deal with school issues. But the FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Follow our link to find out what state laws may apply instead.

Worker can’t return from FMLA leave? Beware demanding repayment of health benefits

08/11/2011

It’s expensive to cover an absent employee’s health insurance premiums when he is on FMLA leave—especially if he has family coverage. How­­ever, the law requires employers to do so. What happens if the employee doesn’t return? In some cases, em­­ployers can demand reimbursement for the premiums it paid. That’s true except if the employee doesn’t come back because he or she is still sick or has to continue to care for a sick relative.

Doubt medical certification’s accuracy? You’re allowed to seek a second opinion

08/11/2011

Employees who want FMLA leave for their own illness need a certification from a health care provider. It should document a serious condition, briefly explaining the diagnosis and treatment. Employers that doubt the certification is accurate or want to challenge whether the condition really can seek a second opinion from another health care provider, paid for by the company.

Punish poor behavior, not FMLA leave

08/10/2011
Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.