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Can we require employees to keep working despite inclement weather?

09/29/2009

Q. When there’s even a hint of bad weather, one of our employees goes home. Can we require her to work until the regular quitting time?

Try ADA process even if disability pay is option

09/28/2009

Some employees who become injured would just as soon keep working. Rather than collect temporary disability payments, they’d rather see whether they can perform another job or otherwise persuade employers to accommodate their injuries. If you face that situation, be careful not to force such employees to go out on disability.

Suspect FMLA mischief? Use certification rights before taking drastic action

09/25/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Instead, your first—and safest—option is to request a medical certification stating the employee has a serious health condition.

Train supervisors to refer potential FMLA leave requests to HR

09/23/2009

Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.

It’s not hogwash: Prepare now for the coming swine flu pandemic

09/23/2009

Federal and state public health agencies are closely monitoring the H1N1 influenza (also known as swine flu) that was first identified this spring. Since then, every state in the U.S. has had confirmed cases of the virus. It’s not time to panic—but it is time for businesses to think strategically, be proactive and be prepared.

What should we do? Employee has used all her sick leave, but she’s still sick

09/23/2009

Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

Follow CDC’s employer guidance for flu season

09/18/2009

The U.S. Centers for Disease Control and Prevention (CDC) recently published new guidelines to help employers prepare for the flu season, which is expected to include rapid spread of the H1N1 influenza (swine flu). The CDC encourages employers to take these steps:

Must we reassign disabled worker to a new job?

09/18/2009

Q. We have an employee who just developed a disability that will keep him from performing his job for an unknown time. After he uses up his FMLA and other accumulated leave, do we have an obligation to look for another position for him?

FMLA: Treat leave request involving adult children similarly to those involving parents

09/14/2009

Generally, employees aren’t entitled to FMLA leave to care for adult children who suffer from serious health conditions—unless the child is disabled. The test is whether the child suffers from a physical or mental disability that makes self-care impossible.

Mistake on FMLA coverage may not sink employer’s case

09/14/2009

Some good news: A federal court has ruled that an employer that mistakenly tells an employee he is covered by the FMLA isn’t bound by that mistake.