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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.

Atten-Hut! Florida gives members of the military additional rights

09/14/2009

The Florida Legislature and Gov. Charlie Crist have given members of the uniformed services—and especially National Guard members—some new and improved employment rights under the Florida Military Affairs Act. They come in the form of amendments to Chapter 250 of the Florida Statutes, which includes the Florida Uniformed Servicemembers Protection Act.

Beware discipline for FMLA-related tardiness

09/11/2009

It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Don’t let FMLA request stop legit discipline

09/10/2009

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. Not so. Employers are free to discipline or discharge employees if they can show they would have taken the same action even if the employee never asked for or received FMLA leave.

How does disability leave work with the FMLA?

09/10/2009

Q. We have an employee out on a medical leave who is collecting short-term disability benefits. We have also designated the leave as FMLA leave. Our FMLA policy allows us to require the employee to use accumulated paid leave benefits concurrently with FMLA leave. Can we reduce this employee’s paid leave bank for the FMLA time he is taking?