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FMLA

How do we prevent ‘stacking’ of FMLA, sick leave?

11/08/2011
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?

It’s up to you to ensure employees know how much FMLA leave they have left

11/07/2011
Employers can use several methods to calculate FMLA leave, including some that can get complicated. That’s one reason FMLA regulations require em­­ployers to let employees know how much leave they are entitled to.

Beware cryptic notes in your HR files–they could be used against you in a later lawsuit

11/01/2011

Before you enter into official files your handwritten notes on conversations, recollections or thoughts about an HR decision, consider how your words might be interpreted. Best practice: Draft a memo that summarizes and fleshes out your notes—and that makes your ideas perfectly clear. Then toss out the original notes.

Texas health care firms sued for health-related firings

10/31/2011
Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.

Faced with allegations boss is biased, investigate ASAP and fire if necessary

10/31/2011
Sometimes an employee who complains that his supervisor is biased is absolutely right. If it turns out that a worker’s accusation of discrimination is true, don’t hesitate to fire the supervisor and move on.

Can FMLA leave be involuntary? Court punts

10/27/2011
A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave.

Beware close timing between FMLA leave, firing

10/26/2011
It’s all in the timing: An employee may have a case if her request for FMLA leave is suddenly followed by a reorganization that results in the loss of her job.

FMLA leave doesn’t mean immunity to RIFs

10/26/2011
When faced with a reduction in force, employees who are out on FMLA leave don’t enjoy greater protection than other employees. For example, being on maternity leave does not exclude an employee from being considered for the RIF. That would give those on FMLA leave rights above and beyond those of other employees.

Must you allow FMLA leave before childbirth?

10/26/2011
Some employers mistakenly believe that women can’t take FMLA intermittent leave when they become pregnant. That’s simply not true. Women may take intermittent leave for normal prenatal care and any “incapacity” during pregnancy.

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.