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Troopers Cite ADA and Privacy in Lawsuit Over Call-In Policy

09/01/2006

The Pennsylvania State Troopers’ Association has filed a lawsuit against the state police, arguing that troopers shouldn’t have to tell their duty desk the specific reason they’re calling in sick. The association alleges that the call-in policy violates the ADA because it may force troopers to disclose a disability …

Run FMLA time concurrently with sick leave

09/01/2006

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

Stick to FMLA certification rules, or lose your rights

08/01/2006

Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member’s illness. If you don’t follow the FMLA’s rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee’s leave request …

OK’ing medical leave won’t equal acceptance of disability

08/01/2006

If you’ve ever wondered whether allowing an employee to take medical leave will tie your hands if it comes time to challenge that employee’s disability claim, take heart. Just because you didn’t ask for medical proof of disability once, that doesn’t mean you can’t later …

Earn a new tax break for giving paid leave for organ donation

08/01/2006

A new law signed last month by Gov. Rendell, The Organ and Bone Marrow Donor Act, grants employers a tax credit if they offer paid organ-donor leave to their employees. State Rep. Robert Godshall (R-Montgomery) proposed the bill (HB 153) after hearing how some would-be organ donors would be deterred by potential economic losses from missing work …

Look deeper into dubious intermittent FMLA leave

07/01/2006

Q. If an employee calls off intermittently for migraine headaches, how can we verify the real reason for the leave? Can we ask for information each time the employee is absent? —J.M., Illinois

Placing Employee on ‘Involuntary’ FMLA Leave Is Perfectly Legal

07/01/2006

When an employee calls in sick with an apparently serious ailment, you can place that employee on FMLA leave, even if he or she never asks. f you reasonably believe she has a serious health condition, you can start the 12-week FMLA-leave clock ticking …

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation …

FMLA absence shouldn’t trigger attendance penalty

06/01/2006

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida