FMLA

Get all facts straight before deciding to discharge

07/08/2010

Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.

You can require back-to-work fitness certification after FMLA leave

07/08/2010

If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010

Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.

2 small companies, 1 owner: Could we be covered by the FMLA?

07/02/2010

Q. We are a small manufacturing company with 16 employees. We distribute our products through another company, which we also own. The distribution company has 38 employees. One of our manufacturing employees is pregnant and has asked for time off. She says she is entitled to leave under the FMLA. Is this true?

FMLA now covers care for partner’s, other relative’s children

06/29/2010

New U.S. Department of Labor rules say employees who care for a domestic partner’s child—or whose partner gives birth or adopts a child—are now eligible to take FMLA leave to care for those children. Also covered: Extended-family members who care for kids. Learn the details of this major FMLA expansion.

After FMLA, OK to reassign worker who can’t do old job

06/24/2010

An employee who takes FMLA leave is entitled to return to her old job or an equivalent one when she’s ready to return to work. But what if the employee can’t perform her old job, perhaps because of lingering health problems? Reassign her.

Trust but verify: FMLA software isn’t foolproof

06/22/2010

As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But if you decide to terminate because the software told you an employee overstepped her leave or wasn’t eligible for FMLA leave, review the reasons for the leave and double-check your calculations.

Make sure employees–and bosses and HR–know exactly how to call in FMLA absences

06/14/2010

Make sure your entire staff is on the same page when it comes to responding to FMLA requests. Decide on a contact person and set a policy that lets all employees know. Create a log for recording all incoming FMLA communications. Remember, certifications may come directly from medical providers, who are likely to use fax or mail delivery.

Have a no-fault attendance policy? Beware the FMLA liability trap

06/08/2010

Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation and then punish employees who go beyond allowable limits. No-fault policies are fine … as long as they don’t penalize workers for taking time off that’s protected under the FMLA.

Intermittent FMLA leave may open accommodation door

06/02/2010

If you approve intermittent FMLA leave for an employee’s serious health condition, you’ll have a tough time arguing later that the employee’s disability means he’s unable to perform the essential functions of his job. That’s because you’ve already shown that periodic absences didn’t interfere with running the business.