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Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.

Can worker who is out on unpaid leave suspend payments to her 401(k) loan?

10/15/2010
Q. We have an employee out on an unpaid leave of absence. She has informed us she would like to suspend payment on a loan she took out against her 401(k). Is that permitted?

What’s the downside of employee leave pools?

10/15/2010
Q. We would like to set up an employee leave-sharing program in which employees would contribute unused paid time off to a “pool” that could then be used by other employees who have run out of paid time-off hours. Are there any issues we should be aware of in setting up an arrangement like this?

Cash out or carry over: Can we offer employees that choice for accrued paid time off?

10/15/2010
Q. Our policy lets employees carry over up to 100 hours of unused paid time off from year to year. We would like to change the policy to permit employees the choice between cashing out paid time off and carrying it over into the next year in order to encourage them to reduce their paid time-off accruals. Is this a problem?

On eve of flu season, know what FMLA covers

10/12/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers operating with lean staffing. Some employees may want to take time off if they suspect they’re coming down with the flu. And at least some of those workers may assume that sick time off will be covered by the FMLA. That’s where things get tricky.

How will the new Illinois Family Military Leave Act amendment affect us?

10/12/2010
Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?

Remember: You must consider chronic conditions when employees request FMLA leave

10/12/2010
Employers sometimes mistakenly focus only on the FMLA provision that defines a serious health condition as one that incapacitates an employee for three calendar days or more. Don’t focus solely on illnesses of three days’ duration. If the employee has a brief flare-up of an underlying condition that has been treated in the past, he may be eligible for FMLA leave.

Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court

10/12/2010
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.

What should we do when an employee provides conflicting FMLA certification notes?

10/12/2010
Q. An employee seeking FMLA leave presented medical certification from her doctor that stated that her medical condition didn’t prevent her from performing the essential functions of her job. A few days later, she presented a second form that stated the opposite. Can we hold her to the first certification, or do we have to accept the second form and grant FMLA leave?

FMLA: What to do when worker refuses OT

10/08/2010
Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.