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Leave

No STD documentation? OK to discipline–or fire

06/09/2010

If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.

Have a no-fault attendance policy? Beware the FMLA liability trap

06/08/2010
Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation and then punish employees who go beyond allowable limits. No-fault policies are fine … as long as they don’t penalize workers for taking time off that’s protected under the FMLA.

Longer workday gives 2 weeks off for Solix employees

06/04/2010

About half of the 400 employees at the Parsippany, N.J., headquarters of outsourcing firm Solix don’t report for work for two weeks around the December holidays—but the other half do. Members of a work group that specializes in business processes for schools and libraries mirrors the schedule of its clients, which typically are closed for the holidays.

Beware! Even small penalty can be retaliation

06/02/2010

Employees who complain about discrimination are protected from retaliation—and even a small financial penalty against an employee may be enough to trigger a lawsuit. Remember: The test for retaliation is whether a hypothetical reasonable employee would be dissuaded from complaining in the first place if he or she knew the consequences.

The absent-minded employee: How to get absenteeism under control … legally

05/28/2010
The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

What factors should I consider before firing a new employee for excessive absences?

05/26/2010
Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

Don’t rely on software alone to determine employee’s FMLA eligibility

05/26/2010

Many employers use software to track FMLA eligibility. Most of the time that works fine. But if you decide to terminate an employee because the software told you she wasn’t eligible for FMLA leave, double-check the calculation first. If you confirm she hasn’t worked a total of 52 weeks, you can terminate her.

No-fault attendance alert: Think twice before firing FMLA-eligible employee

05/26/2010

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave.

Can we require employees to use accrued paid leave instead of FMLA leave?

05/24/2010
Q. One of our supervisors needs time off to undergo medical treatment. Instead of FMLA leave, may we require him to use accrued vacation for the time he will miss?

Vacationing worker got flu: Can she call it sick leave?

05/20/2010
Q. One of our employees got the flu while she was out on vacation leave. Now she wants her vacation time back and wants to call those “sick days” instead. Do we have to let her change the status of this leave time?