Leave

Tell those on FMLA leave: No working from home

12/08/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. Interference can include things like requiring employees to perform work during their leave. That’s why it’s important to make arrangements for getting work done without requiring assistance from the employee on leave.

Can we cap how much vacation can accrue?

12/04/2009

Q. Our vacation policy caps the amount of vacation employees can earn at 250 hours. Employees can’t earn any more until the vacation balance falls below that level. Does this violate California’s law on accruing vacation?

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.

Employers cut absent workers a little slack this year

11/25/2009

According to an online survey conducted by CareerBuilder.com, employers are not firing workers quite as often for faking illness to get a day off: 15% of employers fired workers this year because they faked an illness, down from 18% in 2008. It appears fewer employers have the time to check up on absent workers. So why are workers absent when they aren’t sick?

What are my options? Employee’s on jury duty

11/24/2009

Q. One of my employees was called to jury duty and assigned to a lengthy trial. What are my obligations to this employee? Do I have to grant paid leave? May I permanently replace the employee if I cannot afford to hold the position open?

Is paid ‘paternity leave’ required?

11/24/2009

Q. I run a small company with fewer than 50 employees. I was recently approached by a male employee requesting “paternity leave.” Must I provide him paid or unpaid leave upon the birth of his newborn child?

Why is workers’ comp telling us when our employee’s FMLA leave should start?

11/20/2009

Q. An employee took FMLA leave Sept. 1 because of job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open indefinitely for her?

Bees, sea gulls, alligators: 12 zany excuses for absences

11/17/2009

Bosses hear some wacky one-liners when perfectly healthy workers try to justify taking sick days. Example: "I got sunburned at a nude beach and can’t wear clothes." Here are a dozen doozies uncovered in a recent survey of employers.

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

Intermittent leave no excuse for shoddy work

11/13/2009

When an employee is out on FMLA leave, employers have to be careful about balancing their need for full staffing so they can get the work done and the worker’s right to take leave. If missed work poses a problem, the best approach is to focus on specific work deficiencies that aren’t related to FMLA-protected absences.