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Deduct Vacation Leave if Sick-Leave Bank Is Empty

06/01/2005

Q. If an employee is out sick but has already used up all her sick-leave hours, can we legally subtract from her vacation time instead? —K.P., Michigan

Post vacation schedules only for employee viewing

06/01/2005
Issue: To assist in planning, organizations often post employee vacation schedules, especially during summer.
Risk: Some employees may protest, saying it’s an invasion of privacy that makes their house more …

Collect proof of FMLA medical leave the right way

06/01/2005

If you think employees are fudging their FMLA medical leave, how often can you request medical certification? The U.S. Labor Department recently gave employers added latitude to dig into suspicious FMLA claims …

Summer’s here: Time is right for safety lapses and fraud

06/01/2005
As temperatures rise, so do two additional risks: 1. Safety. Summer months are traditionally the worst months for on-the-job accidents. That’s because the heat can impair employees’ judgment and more employees …

‘Reasonable’ Maternity Leave Doesn’t Matter Under FMLA

05/01/2005

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Make sure the employee is qualified before approving an FMLA request

04/01/2005
Take extra time to review an employee’s eligibility and certification for FMLA leave at the time of the request, not later.
As a new court ruling shows, employers who approve …

Continuing insurance isn’t required by workers’ comp

04/01/2005

Q. We have several employees out on workers’ comp claims. Our policy is to pay for the employee but not dependents. How can we terminate the group insurance for employees who are out on workers’ comp for more than three months? —M.O., Washington

Don’t automatically fire after FMLA, STD leave expire

04/01/2005

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Employees can’t cry ‘retaliation’ if they’re not eligible for leave

04/01/2005
Issue: Employees can sue for FMLA retaliation only if they’ve put in the minimum hours to become eligible for FMLA leave.
Benefit: Less risk of first-year employees winning FMLA-retaliation suits. …

Leave FMLA out of your handbook if it doesn’t apply

04/01/2005

Q. Our company employs fewer than 50 people, so we don’t have to comply with FMLA. Do we need to mention that fact in our employee handbook? —G.R., Michigan