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You can’t eliminate job because others filled in during FMLA leave

03/01/2008
The work doesn’t stop just because an employee takes FMLA leave. As a practical matter, the employer must redistribute the absent employee’s work among the remaining staff. If that goes well, you may be tempted to cut the position entirely. Before you eliminate that position, consider the following case …

Employee must prove work caused psychiatric injuries

03/01/2008
California employees who claim their jobs have caused them psychiatric problems have to meet a higher standard than they would for physical injuries. They must prove that “actual events of employment” were the “predominant” cause. Now a California appeals court has clarified that workers’ comp does not cover psychological or psychiatric injuries that an employee herself caused …

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

Documented discipline rules save Leggett & Platt from charges

03/01/2008
Johnny Mathis worked for eight years in the Monroe plant of Leggett & Platt when he was terminated for excessive absences. While admitting his absences violated Leggett & Platt policy, Mathis, who is black, sued for discrimination, claiming that white female co-workers were not similarly punished …

Must you provide leave to domestic violence victims?

03/01/2008
In 1999, California and Maine became the first states to enact laws providing protection or leave to employees who are victims of domestic violence. Since then, nearly half of the states have enacted similar laws …

Can we force workers to take vacation time?

03/01/2008
Q. Can we make employees take off vacation time? Our employees earn 20 days per year and are allowed to carry over a total of 60 days to the new year. Accrued vacation time is an unfunded liability, and our policy requires that we pay departing employees for their vacation time. We’d certainly prefer that they take time off rather than collect a large check when they leave. —G.D., Florida …

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …

What to do? Doctor’s appointments seems awfully conveniently scheduled

03/01/2008
Q. We don’t usually require employees to provide notes when they take time off for doctors’ appointments. However, one of our employees is known for scheduling her “appointments” on the Friday before holiday weekends. Can we request verification from the doctor’s office on a case-by-case basis?