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Request certification at start of each FMLA year

12/01/2005
A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “FMLA year.” …

Taking FMLA/paid leave together may forfeit attendance bonuses

11/01/2005
When employees return from FMLA leave, they should be given the same or equivalent position with equivalent benefits. FMLA regulations say that bonuses for “job-related performance, such as for perfect attendance” …

Make sure return-to-work requirements are reasonable

11/01/2005
When employees return from leave for an FMLA-covered illness or ADA-related disability, you naturally want to make sure they’re ready to resume work. After all, if problems linger, you may want …

Denying leave may be legal, but unwise, for small firms

11/01/2005

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

USERRA: Know your duty to returning disabled reservists

10/01/2005
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against …

Teach managers how to handle staff returning from injury

10/01/2005
Issue: Employees who return from injury leave may or may not be covered under the ADA.
Risk: By treating employees as if they’re “disabled” (even if they’re not), supervisors create …

FMLA caregivers must stay close; calls don’t count

09/01/2005
While the FMLA allows employees time off to care for a sick spouse, child or parent, such “care” doesn’t have to be physical. FMLA regulations say employees can take FMLA leave …

Know your ADA responsibilities for employees with cancer

09/01/2005
The EEOC published a Q&A document last month explaining when cancer is a “disability” under the ADA and how you should accommodate employees with cancer.
More than 1 million Americans …

You can use surveillance to spot workers’ comp fraud

09/01/2005

Q. How far can we go to make sure that employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or abusing the system? —D.V., Illinois

Know your ADA duty to employees with cancer

09/01/2005
The EEOC just published a Q&A document explaining when cancer is a qualified disability under the ADA and how you should accommodate employees with cancer. Reasonable accommodations may include intermittent leave, …