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Assistant sues judge for age, disability discrimination

07/14/2008
Barbara Tomlinson, a former judicial assistant, has filed an age and disability discrimination charge against Hillsborough County Judge Joelle Ann Ober. Tomlinson worked for Ober for 11 years before quitting in February …

Is intermittent leave for childbirth OK? Only if you agree

07/11/2008
Here’s an uncommon FMLA question: Can a new father or mother return to work part time, taking intermittent FMLA leave? The surprising answer is no—unless the employer OKs it …

You can terminate employees on FMLA leave

07/11/2008
Employees who are in trouble often ask for FMLA leave. They seem to believe that asking for or taking FMLA leave protects them from disciplinary action. That’s a myth. The fact is, being on FMLA leave doesn’t protect employees from legitimate disciplinary action unrelated to their time off …

Back pain and workers’ compensation

07/11/2008
Q. We have an employee who has a “bad back.” We have medical reports indicating he has a congenital back problem that frequently causes severe pain. Although he has a light-duty job, he frequently misses work because of his back pain and often seeks workers’ compensation benefits during his absences. Are we always going to be liable for workers’ compensation benefits when his back prevents him from working? …

Before canceling health insurance, beware FMLA trap that could cost big bucks

07/09/2008
If, like many employers, you provide health insurance benefits to full-time employees but not part-time ones, you may be tempted to cancel coverage as soon as an employee falls to part-time status. But what if the employee is eligible for FMLA leave? Canceling may not be an option—and can lead to a big jury award …

The FMLA and domestic partners

07/07/2008
Q. Several of our company’s employees live with domestic partners. Are these employees entitled to leave under the FMLA? …

Balance FMLA and ADA rights to avoid potential trouble

07/07/2008
What happens if an employee who qualifies for FMLA leave also has a qualified disability under the ADA, a disability that could be accommodated with additional time off or a job modification? Before you discharge someone unable to return to her old job after 12 weeks of FMLA leave, consider whether she is disabled and can be accommodated—if she asks …

Make sure employees understand your FMLA calendar

07/07/2008
FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave …

Worried about leave abuse? You can require regular call-Off

07/07/2008
Employees who have chronic medical conditions that require intermittent FMLA leave sometimes take advantage of alleged flare-ups to go on vacation or otherwise miss work for personal reasons. Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy …

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …