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Can we make employees use sick leave for FMLA?

11/21/2008

Q. Our employees earn paid sick and vacation leave. Can we require them to use their paid leave at the same time they take unpaid FMLA leave? Otherwise, it seems as if they could use up paid leave and still take 12 unpaid weeks off.

How to merge workers’ comp and FMLA

11/21/2008

Q. One of our employees was injured on the job. She went to the hospital the same night, had surgery and was out of work for eight days. Can we apply FMLA leave or sick leave to that time, even if she ends up being paid through workers’ comp?

Pregnancy—an ‘off-duty injury’—prompts Detroit Police suit

11/20/2008

Five Detroit police officers have filed a lawsuit challenging a department policy that forces pregnant officers to go on sick leave as soon as their supervisors find out they’re pregnant.

Don’t deduct FMLA leave from hours worked when calculating absenteeism ratio

11/12/2008

Just when you thought you had mastered the intricacies of the FMLA, employees and their lawyers have come up with a new trick that could trip you. This one involves how employers calculate attendance under no-fault absenteeism programs.

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

How must employees ask for FMLA leave?

11/12/2008

Q. Does an employee have to say that she wants to “take FMLA leave” in order to satisfy the requirement that she notify her employer of her “intent to take leave”? What must an employee tell an employer to preserve her right to take FMLA leave?

New FMLA regs one step closer to final approval

11/11/2008

The U.S. Labor Department is set to implement the first major revision of the FMLA since the law was passed in 1993. If approved, the proposed changes could help employers administer the complex 15-year-old law and avoid lawsuits. But the proposal carries a few extra burdens for employers, too.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Any way to demand repayment of health insurance premiums?

11/10/2008

Q. We have an employee who failed to return from an FMLA leave of absence. During the leave, we had been paying our customary share of her medical insurance premiums. Is there anything we can do to recoup the expenses we paid for this employee?