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Compensation & Benefits

Must we let workers on FMLA leave use sick leave?

09/01/2007

Q. Our policy states that sick leave is available to employees who are scheduled to work but unable to do so due to illness or injury. It’s not available to employees who are on (FMLA) leaves of absence because—due to the leave—they’re not scheduled to work. In other words, we don’t allow employees on FMLA leave to take paid sick leave. Do we have to? —S.B., Pennsylvania …

Any requirement to pay out or roll over unused sick leave?

09/01/2007

Q. Our policy provides employees with five days of paid sick leave each year. If workers do not use all this time off, are we required to pay them for that time or roll it over to the next year? …

How much time off for children’s school activities?

09/01/2007

Q. With school starting, can you remind us what our obligations are to grant workers time off to participate in their children’s school-related activities? …

Must we grant time off for rehab?

09/01/2007

Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to participate in a rehabilitation program. Does the California Labor Code require us to grant him time off?

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

You can discuss absenteeism without violating disability law

09/01/2007

Employees with disabilities may be absent more than other employees. That doesn’t mean you can’t reasonably ask about those absences. In fact, courts have ruled that it’s not necessarily harassment even when supervisors land hard on disabled employees who are frequently no-shows …

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …

Be prepared to back up cost of religious accommodations

09/01/2007

You can’t just use a blanket statement (e.g., “granting time off will be expensive”) to deny a request for religious accommodation. You must be prepared to show the actual cost of the accommodation. That’s true even if giving someone the Sabbath day off means having to hire another employee to cover the time …

Must we deliver final paychecks at termination?

09/01/2007

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. …