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Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Handbook must explain leave payout terms

10/03/2008

Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems, such as a failed drug test …

Employee out on military leave: How long must we hold his position?

10/03/2008

Q. How long am I required to hold a position open for an employee who needs a leave due to military service? …

Home building equals team building for employees of Colorado firm

10/03/2008

The most popular team-building exercise among employees of InsureMe in Englewood, Colo., is a four-day trip to Juarez, Mexico, during which they build homes for low-income Mexican families. Nineteen of the firm’s 64 employees have made the trek. Each employee gets two paid days off to participate …

Doctor’s note should trigger FMLA certification request

09/26/2008

The FMLA gives employers the right to ask for proper medical documentation showing that an employee actually needs and is entitled to medical leave. The law also makes it clear that employers don’t have to accept vague notes or leave requests. But that doesn’t mean you can ignore a doctor’s note that is unclear or ambiguous about the employee’s condition …

The prodigal employee: Should you let staff ‘unresign’?

09/25/2008

Q. An employee who resigned last week called and said it was a mistake to leave. He wants to come back. He left on good terms. Should we let him return? If so, how do we handle seniority, accrued vacation, etc.?

What should we do if we suspect an employee is abusing workers’ comp?

09/24/2008

Q. How far can we go to make sure employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or otherwise abusing the system? …

Bill requiring mandatory sick leave stalls in committee

09/19/2008

The California Senate Appropriations Committee recently held up a bill that would have required all employers in the state to give workers paid sick leave. Under the bill, known as the “California Healthy Families, Healthy Workplaces Act,” employees who work in the state for seven or more days in a calendar year would be entitled to paid sick days …