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Compensation & Benefits

Temporary illnesses and injuries aren’t disabilities

03/01/2008

Fortunately for employers, not every temporary physical restriction is a disability under the ADA. Before you entertain accommodations, look at the claimed disability and decide whether the problem will resolve itself within a reasonable time frame or if it permanently impairs a major life function …

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

FMLA expansion to military families approved

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January, granting FMLA-protected leave to family members of injured military personnel and to families of military reservists called to active duty …

Time off for binge drinking doesn’t qualify for FMLA leave

03/01/2008
Employees who are alcoholics may be disabled under the ADA and are entitled to reasonable accommodations for treatment. That treatment also qualifies the employee for FMLA leave. But it doesn’t mean you have to tolerate or forgive unauthorized absences to indulge an alcoholic binge …

You can’t eliminate job because others filled in during FMLA leave

03/01/2008
The work doesn’t stop just because an employee takes FMLA leave. As a practical matter, the employer must redistribute the absent employee’s work among the remaining staff. If that goes well, you may be tempted to cut the position entirely. Before you eliminate that position, consider the following case …

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

Documented discipline rules save Leggett & Platt from charges

03/01/2008
Johnny Mathis worked for eight years in the Monroe plant of Leggett & Platt when he was terminated for excessive absences. While admitting his absences violated Leggett & Platt policy, Mathis, who is black, sued for discrimination, claiming that white female co-workers were not similarly punished …

Can we force workers to take vacation time?

03/01/2008
Q. Can we make employees take off vacation time? Our employees earn 20 days per year and are allowed to carry over a total of 60 days to the new year. Accrued vacation time is an unfunded liability, and our policy requires that we pay departing employees for their vacation time. We’d certainly prefer that they take time off rather than collect a large check when they leave. —G.D., Florida …

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …