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Termination after maternity leave may violate the FMLA

04/01/2008
Not every employee wants to take FMLA leave, and employers sometimes don’t designate paid time off as FMLA time. But an employee doesn’t have to request FMLA leave in order to be protected by the law. That means you can’t refuse to reinstate an employee when she returns from leave. Doing so would amount to interference with the right to FMLA leave …

How many no-Show days equal ‘Job abandonment’?

04/01/2008
Q. How many days does an employee have to report his absence (no show, no call) before we can terminate him for job abandonment? — W.L., Wisconsin …

Maternity leave: What can you legally ask?

04/01/2008
Q. What questions can we ask a pregnant employee about her impending maternity leave and if/when she’ll be returning to work? — M.M., Ohio …

How to assign FMLA leave to a reluctant employee

04/01/2008
Q. What happens if an employee takes sick or vacation leave and we want to run out his FMLA leave? We think he has a qualifying condition, but he won’t get medical certification because he doesn’t want the time used for FMLA. — R.W.D., Georgia …

Recapturing health insurance premiums following FMLA leave

04/01/2008
Answers to 3 questions about recovering health insurance premiums.

Employee working while on FMLA leave? Check certification

04/01/2008
If you find out that a worker out on FMLA leave is actually working for someone else, it’s time to check the employee’s FMLA certification. If the certificate says he’s “unable to perform work of any kind,” you can and should take action …

N.J. Senate action ushers in paid family leave

04/01/2008
New Jersey is poised to become the third state in the nation to guarantee employees paid leave to care for a newborn or a sick relative. The new family leave bill passed the State Senate on March 3, and at this writing is expected to be approved by the Assembly and signed into law by Gov. Jon Corzine …

Indiana court losing patience with inconsistent enforcement of no-Call policies

04/01/2008
To manage your workload, you need to know whether employees will show up for work. To avoid fraudulent call-offs, you may even require a personal call. But unless you are already suspicious—or have had problems with that particular employee abusing the system before—you shouldn’t single out one employee for discipline …

You can require an obviously troubled employee to get help

04/01/2008
If you have an employee who obviously needs psychiatric intervention, you can demand he get outside help—if you can show his behavior is job-related and may affect his ability to do his job or do it safely …

AWOL employee loses case involving absenteeism

04/01/2008
Rosa Luera worked as a medical records clerk and file technician at The Heart Center Medical Group in Fort Wayne. Luera’s attendance continued to decline—until one day, she simply stopped showing up for work. In June 2006, she was terminated. Luera sued, claiming discrimination and retaliation …