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FMLA

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Document exact timing of decision to fire

06/07/2011
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

Which of the following issues causes the biggest problems in your organization?

06/07/2011
When it comes to HR headaches, our readers say employment law issues take a back seat to run-of-the-mill gripes and clashes between co-workers.

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Don’t use second opinion to reject FMLA leave–request a ‘tiebreaker’ opinion

05/31/2011

The FMLA lets employees take up to 12 weeks off for their serious health conditions. If an employee gets a certification showing she has a serious health con­dition, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tiebreaker.

Don’t interfere with overseas FMLA leave

05/27/2011

You may have an employee or two with relatives living in foreign lands. While it may not be an issue that comes up often, you should be prepared to handle requests for time off to care for sick relatives overseas. Don’t try to put unreasonable obstacles in the way.

Consider ADA issues once FMLA, personal leave expire

05/27/2011
Do you automatically terminate employees who can’t return to work after exhausting FMLA leave and personal leave? That could violate the ADA.