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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?

Answers to your FMLA military leave questions

03/01/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

No need to ‘Totally’ accommodate religious practices

03/01/2008
When it comes to providing employees with the time they need to practice their religion, the key word is “reasonable,” not “total.” An employer doesn’t have to bend over backward to provide all the time off an employee’s religion may demand if doing so creates morale problems among co-workers who have to pick up the slack …

FMLA compliance doesn’t rule out enforcing attendance policy

03/01/2008
We all know that people do get sick and miss work due to chronic conditions, accidents and serious illnesses. That doesn’t mean you cannot insist on good attendance. As you enforce your attendance policy, however, make sure you don’t count in any negative way absences covered by the FMLA …

New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

FMLA, Workers’ Comp, ADA

02/11/2008

HR Law 101: One of the toughest problems for employers is figuring out which law applies to a particular condition: the FMLA, workers’ comp or the ADA. The relationship between the FMLA and other federal and state statutes is clear: The law that provides the greatest benefits to the employee applies …

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Message to sick employees: We want you to stay home!

02/01/2008

More than half of employees admit they show up for work when they’re sick, according to a CCH Unscheduled Absence Survey. Here are a few simple ways to help your organization reverse the trend of "presenteeism" so employees can recuperate from the flu or other illnesses and return to work focused and productive …

Maternity leave war leads to CRC head’s resignation

02/01/2008

Barbara Sykes said it was “political back and forth” that led her to resign her post as appointed head of Ohio’s Civil Rights Commission (CRC) just before her confirmation hearing. Sykes locked horns with Gov. Ted Strickland over the commission’s proposal to expand Ohio’s maternity leave requirements …