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Leave

Employee can be AWOL even if he phones in

12/06/2010

Many public employees assume rules against being absent without leave protect them from termination as long as they call in. But the Ohio Civil Service Act makes it clear: “[U]nexcused failure to appear for duty as scheduled” may be considered job abandonment if it lasts for 10 days. Calling in doesn’t matter.

Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?

12/01/2010
Q. An exempt employee recently requested intermittent leave under the FMLA … FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?

Do you work for a state agency? Know FMLA’s limitations on leave for self-care

11/30/2010
Because of a bedrock Constitutional principle, a court has ruled that the FMLA does not cover state government employees who want to take time off due to their own illness. Based on this decision, state employees can only use FMLA leave to care for others.

Teacher took 5-year leave to go embezzling

11/26/2010
State law allows teachers with five years on the job and 10 years’ experience to take up to five years of unpaid leave if the school board approves it. For one former Minnesota teacher and athletic coach, that was a deal too good to pass up.

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We 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?

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of paid leave. Is it legal to keep her from taking paid time off to care for her husband?

Warn bosses: Beware discouraging leave requests

11/24/2010

Whether it’s intentional or not, some supervisors send unmistakable signals that their subordinates had better not take time off unless it’s absolutely necessary. That can mean trouble. Employees who are too scared to ask for leave may later turn around and sue, alleging a deliberate effort to discourage them from taking advantage of the FMLA.

Are use-it-or-lose-it vacation policies legal?

11/19/2010
Q. My company has a “use it or lose it” vacation policy. Is it lawful for employees who have not taken their vacations at the end of the calendar year to lose them if we have given our employees advance notice of our policy?

Employee leave: Paid holidays trends for 2011

11/11/2010

Even though the economic climate remains tenuous, most employers will continue to offer the same number of paid holidays to employees in 2011 as in past years, says a new Society for Human Resource Management (SHRM) survey. Here is the breakdown of each holiday …

Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010
Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.