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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?

Volunteerism can benefit your bottom line

05/19/2010

Don’t be surprised if the new college grads who interview for jobs with your organization this summer tell you they’re looking for an employer that gives back to the community. Employee volunteer programs are morphing from a “nice-to-have” benefit to an expectation among employees and recruits—and it’s happening quickly. Here are five tips for starting a volunteer program:

Can we terminate employee who has used all FMLA leave but still needs time off?

05/17/2010
Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

Must we grant dad intermittent FMLA leave after baby is born?

05/17/2010
Q. Do we have to grant an employee’s request for intermittent FMLA leave to care for his newborn son?

Calculating the time-worked threshold for FMLA eligibility

05/17/2010

To be eligible for FMLA leave, an employee “must have been employed for at least 1,250 hours of service” with his or her employer during the 12 months prior to the commencement of the FMLA leave. That seems simple enough. But in the world of FMLA administration, nothing is as simple as it seems.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

05/17/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. Employers are free to subtract the time off from any FMLA hours available.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.