• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

How much notice are employees required to give when they need FMLA leave?

10/02/2009

Q. Can our employee take FMLA leave without first giving us notice that she needs leave?

Quitting time? Performance improvement plan not enough to justify discrimination lawsuit

10/01/2009

Performance improvement plans (PIPs) are great tools to help underperforming employees come up to standards. But some employees think they can file a lawsuit anytime they are placed on a PIP or are justified in quitting. As the following case shows, that’s not necessarily true.

Must we grant leave for employees to attend meetings at their kids’ schools?

09/29/2009

Q. Are we obligated to provide paid leave so one of our employees can attend a mandatory school meeting concerning his child?

When federal compliance and N.C. law collide: Violating FMLA doesn’t end at-will employment

09/28/2009

Employers that end up violating the FMLA—unintentionally or not—don’t face an additional problem under North Carolina law. The supposed problem: At-will employees in North Carolina can sue their employers if they’re terminated and the discharge violates public policy. But failing to follow the intricacies of federal laws and regulations doesn’t violate public policy.

Suspect FMLA mischief? Use certification rights before taking drastic action

09/25/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Instead, your first—and safest—option is to request a medical certification stating the employee has a serious health condition.

Train supervisors to refer potential FMLA leave requests to HR

09/23/2009

Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.

Court: No tacking wrongful discharge claims onto FMLA suit

09/23/2009

Lawyers are always looking for new and different reasons to sue employers on behalf of employees and applicants. That’s bad news for employers, because additional charges mean greater legal costs, more lost time and potentially higher jury awards. Fortunately, courts are growing impatient with this practice …

What should we do? Employee has used all her sick leave, but she’s still sick

09/23/2009

Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

Preparing your workplace for a possible swine flu pandemic

09/15/2009

The United States is facing a swine flu outbreak that has caused the government to declare a public health emergency. Recently, the U.S. Centers for Disease Control and Prevention (CDC) published new guidelines to help employers prepare for flu season and prevent the rapid spread of the H1N1 influenza. Here are the CDC’s suggestions, plus insight on your risks and obligations as an employer …

FMLA: Treat leave request involving adult children similarly to those involving parents

09/14/2009

Generally, employees aren’t entitled to FMLA leave to care for adult children who suffer from serious health conditions—unless the child is disabled. The test is whether the child suffers from a physical or mental disability that makes self-care impossible.