FMLA

Dirty Dozen: 12 manager mistakes that spark lawsuits

03/03/2011

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Ensure your FMLA practices comply with new GINA regulations

02/28/2011

Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.

Made an FMLA mistake? Avoid liability by offering reinstatement, no strings attached

02/25/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his legal complaint is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Can workers use FMLA and sick leave back-to-back?

02/16/2011

Q. One of our employees thinks she will need about five months off for medical treatment. She wants to use her accumulated vacation and sick time and then go on FMLA leave. Do I have to allow this?

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Employee out on FMLA leave? You can still insist on calling in

02/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

What’s this I hear about a partnership between the government and the ABA to help employees sue?

02/11/2011

Q. I’ve heard that employees may soon be getting free legal services to sue employers. Is this true?

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011

Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

Complying with the Genetic Information Nondiscrimination Act

02/02/2011

In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Always remind employees of their FMLA rights

01/28/2011

Some employers are especially generous when it comes to allowing employees time off for illness and other needs. Some even pay employees during their leave and allow them to use accumulated leave that extends far beyond 12 weeks. But that doesn’t mean they shouldn’t also tell employees about their FMLA rights.