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Employment Law

What counts as an ‘FMLA week’: 40 hours?

05/15/2008

Q. How should I calculate the number of hours to charge to an employee’s 12-week FMLA entitlement? We have employees who work 40, 55 and 64 hours per week. Do we give them a 12-week cap or do we extend the weekly amount to cover the amount of weeks it would take to cover 480 hours (which assumes a “standard” 40-hour week)?


Putting employee on FMLA leave: Who decides?

05/15/2008
Q. I’m confused about medical certifications and employees who don’t want to use FMLA leave. Can I, if I believe the employee is out for an FMLA condition, force him to take FMLA leave? — A. B., Florida …

Co-Worker couples: FMLA leave cut in half

05/15/2008
Q. I’ve heard that if both parents work for the same company and they have a child, they’re only allowed to take a combined 12 weeks of FMLA leave. Is that true? — J.S., Pennsylvania

OK to fire and then investigate—But be consistent

05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened …

Plan to pick up slack when FMLA leave cuts worker output

05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap …

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …

Beware reverse sex discrimination when setting schedules and overtime policies

05/14/2008
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility …

If accommodation can’t enable essential functions, termination may be only option

05/14/2008
Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class …

Schaumburg woman indicted in alleged international corporate espionage scheme

05/14/2008
Hanjuan Jin, a former software engineer for a suburban Chicago telecommunications firm identified as “Company A” for security reasons, has been indicted on charges of stealing business trade secrets and attempting to take them to China …