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FMLA

Solid discharge reason trumps retaliation claim

08/07/2009

When an employee is discharged shortly after returning from FMLA leave, she may charge retaliation. The timing alone may be enough to send the case to trial. If an employer has a solid reason for the firing, however, it can win.

FMLA trap to avoid: Dodging the coverage-by-estoppel bullet

08/07/2009

Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.

Does the FMLA cover intermittent leave for in vitro fertilization?

08/07/2009

Q. One of my employees has informed me that she is about to begin undergoing in vitro fertilization (IVF) treatments. She requested some intermittent time off from work. Am I required to grant her request?

Can FMLA absences count against an employee’s attendance bonus?

08/07/2009

Q. We provide a perfect-attendance bonus to any employee who is not absent or tardy during the calendar year. If an employee’s only missed time is for a medical leave of absence, does the FMLA require us to nevertheless provide the perfect-attendance bonus?

Dust off your benefits policies: More mandates may be on the way

08/06/2009

The federal government has slowly been introducing laws that force employers across the country to provide employee benefits: for example, the FMLA, USERRA and the ADA. Now Congress is considering several legislative initiatives that would require employers to provide additional benefits.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

Be sure to document if worker says she doesn’t need leave

07/24/2009

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.

Is FMLA leave optional when employee has adequate sick leave to cover her absence?

07/24/2009

Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they qualify?

Rest easier tonight! You can’t be held personally liable for Title VII violations

07/24/2009

It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.