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FMLA

Base FMLA eligibility on date leave begins

07/13/2011

Employees have to give 30 days’ notice before taking FMLA leave. That means some employees may ask for FMLA leave before they are actually eligible. For example, an employee may request time off for a serious health condition when he still has a few hours more to work before hitting the one-year or 1,250-hour milestone. Employers can’t deny the request merely because it was made before the employee became eligible.

FMLA policy: How do I draft it if few are eligible?

07/13/2011
Q. Our company has 250 employees in eight states, but we have FMLA eligible employees in only one state. As I rewrite our employee handbook, I will include the mandatory FMLA language. However, I would like some input on what type of policy, if any, to include for non-FMLA eligible employees.

The cure for FMLA pains … a Cancun vacation?

07/08/2011
Ever wonder if your employees out on FMLA leave are really sitting on a beach sipping a drink with a little umbrella in it? If you think employees are violating your policies, what can you do? One court ruled last month that you can fire such an employee … but first make sure you have the right policies in place.

How to manage ‘job creep’ in today’s jobless recovery

06/30/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

OK to fire worker who has taken FMLA leave–but you had better be prepared to explain why

06/30/2011
Courts are suspicious when em­ployees who have recently returned from FMLA leave are suddenly fired. Yet, chances are you will at some point have to terminate an employee following FMLA leave. Just make sure you can explain why, backed up by solid and contemporaneous documentation.

Layoff OK after FMLA leave–with justification

06/30/2011
Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.

Consider additional leave as ADA accommodation

06/28/2011
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

Employee fails to pay premium while on FMLA leave: When can you drop coverage?

06/27/2011

Employees who are out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues. If he skips any payments, the employer can terminate coverage without violating the FMLA.

Weigh liability limits when structuring company

06/23/2011

Think you can split your business into separate entities to avoid being covered by some laws like the FMLA—and maybe limit the amount employees can collect if they sue under Title VII? Think again. That won’t work if the entities retain a centralized management structure.

Tally cost before replacing ‘key’ FMLA leave-taker

06/23/2011
Employers sometimes think they can replace key employees who take FMLA leave. Not true. They must show that reinstating the employee would have caused substantial and grievous economic injury to the company.