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Military Family Leave: New employee rights under the FMLA

09/02/2008
On Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act, which grants new leave rights to employees with family members in the military. Because the NDAA amended the FMLA—not USERRA—the changes apply only to employers with 50 or more employees …

Sorry, no take-Backs on FMLA

08/26/2008
In July 2001, Steven Peters joined Gilead Sciences, a California-based pharmaceutical company, as a therapeutic specialist. In December 2002, Peters took leave under the FMLA for surgery. He took a second leave in March 2003. On April 25, the company sent a letter to Peters, saying that because he held a “key” position the company could not keep open, he had been replaced …

You won’t work Sundays?! EEOC guide explains religious accommodations

08/21/2008

Title VII prohibits employers from discriminating against employees and applicants based on their religion. The EEOC recently published guidance to help employers deal with employees’ religion-based questions regarding time off, free speech, religious clothing and more …

Dealing with negative leave balances

08/21/2008
Q. I know I must pay exempt employees their full salaries even if they have no accrued benefits in their leave plans and their accounts have negative balances. But can I keep negative balance tallies and then subtract the negative balances as the employees earn more leave? — T.C., Virginia …

Firing OK if FMLA return date isn’t honored

08/19/2008
When an employee goes out on FMLA leave, set a return date and stick to it. If she doesn’t show up back to work and doesn’t ask for an extension or a reasonable accommodation under the ADA, you are free to terminate her, effective at the end of the leave …

Denying FMLA leave could make you liable for lost wages

08/15/2008
If an employer denies legitimate FMLA leave and that denial, in turn, causes an employee to miss work because he becomes depressed or stressed, the employer may have to pay lost wages for those missed days. That’s what the 9th Circuit Court of Appeals ruled in a unique case that could have far-reaching effects …

Be sure ‘Shared’ employees don’t put you over FMLA limit

08/13/2008
Many small employers aren’t covered by the FMLA because they don’t have 50 or more employees. But if you’re considering adding temp help from an outside agency to handle a workload spike, get out your calculator first. If you’re not careful, you could wind up triggering FMLA liability for everyone who works for you …

Ensure handbook doesn’t make FMLA promises you can’t keep

08/13/2008
An Indiana employer must now respond to charges it misled employees when it promised FMLA benefits in its handbook, even though the company is too small to be covered by the FMLA. The case, recently decided by the 7th Circuit Court of Appeals, shows the problems that arise when employers promise more than they are willing to deliver in their employee handbooks …

Must we provide time off to attend the Republican National Convention?

08/12/2008
Q. An employee who has used all his paid time off has asked for a leave of absence to attend the Republican National Convention. He is a delegate. Are we required to grant the leave? …

Workers’ comp may cover injury that occurs on vacation

08/11/2008
If you require certain employees to stay in good physical shape and pass regular fitness tests, a recent court ruling raises this key question: Could your organization be on the hook for workers’ compensation bneefits if the employee gets hurt while working out during a vacation?