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Review past practices to judge FMLA leave request

10/01/2004

Q. We’re a 24/7 office. Some employees rotate shifts, but our night employees typically work the same shift. After one of our employees gave birth, she asked to be placed on the night shift. We granted her request, but now she says medical reasons require her to be off for five days in a row. We put her back into the regular shift rotation, but she claims her FMLA rights are being violated and wants all employees to rotate shifts, even the night employees. Do we have to do this? —M.L., Ohio

Require employees to show FMLA proof before their leave

10/01/2004
Issue: When must employees provide proof of their need for FMLA leave? Benefit: You can require employees to provide proof when they request the leave. Action: Don’t be …

To cut costs, shed myths about staff returning from injury

10/01/2004
Issue: Common misconceptions exist about how to handle employees returning from injury leave. Benefit: By looking deeper into these return-to-work myths …

Water-cooler politics: Limit trouble, but allow free speech

10/01/2004
John Kerry and George Bush aren’t the only people embroiled in political debates this month. So are some of your employees. And, with the country at war …

Start of absence, not approval date, sets 12-week FMLA clock ticking

09/01/2004
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of job-protected, unpaid leave. When do those 12 weeks officially begin? A new court ruling …

Lay down the law on when staff can take vacation leave

09/01/2004
Issue: Productivity takes a hit when key employees take vacation at key moments. Benefit: You can legally tell employees when they can take …

Sniff out suspicious FMLA requests with this 9-step plan

09/01/2004
Issue: Half of all HR professionals say they’ve approved FMLA requests that they believed weren’t legitimate. Risk: Employees who “work” the system to earn …

Courts Differ on Half-Day Deduction Rules

08/01/2004

Q. You’ve said that a company can’t deduct a half-day for an exempt employee who has used all her sick and vacation time; it must be in full-day increments. But what if the employee hasn’t used all her banked sick and vacation time? Could an employer require the employee to use that instead? —S.V., North Carolina

ADA doesn’t give employee freedom to redefine his job

08/01/2004

Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him? —L.B., North Carolina

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …