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FMLA

It’s your right to demand good performance—even from employees who take FMLA leave

05/11/2009

Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

What are the FMLA eligibility rules for employees who leave and then come back?

05/11/2009

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

How brief a time increment must we use when granting FMLA intermittent leave?

05/11/2009

Q. An employee has requested one hour of unpaid intermittent FMLA leave. Can we require him to use up a half or full day of leave instead?

Got a good reason to fire worker who has requested FMLA leave? Document and do it!

05/11/2009

Some employees are under the mistaken impression that merely asking for FMLA leave means they cannot be fired. That’s simply not true. Employees who take FMLA leave don’t have greater rights than other employees.

Unable to work, ineligible for FMLA? You may be able to fire

05/06/2009

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs. Someone who is so incapacitated they cannot work can be discharged.

10 ways to stay out of legal trouble while trimming staff

05/04/2009

Even as we watch the stock market slowly recover, organizations are still laying off employees and searching for ways to cut overhead. If your organization is eliminating even one job, plan it carefully. A hasty layoff can create legal problems that cost more down the road than keeping the employee would have. Here are 10 things to consider:

FMLA error costs employer more than $100,000

05/04/2009

A federal court has awarded more than $100,000—plus enhanced pension benefits—to an employee who was fired when the company wrongly believed his FMLA leave had expired.

Insisting on ‘100% healed’ may violate FMLA rules

05/04/2009

Employees who take FMLA leave are entitled to return to their jobs, or substantially equivalent ones. Employers often want a return-to-work certification to show that the employee is healthy enough to come back. But it can be risky to insist that the employee return without any restrictions at all …

Navigating the complexities of a layoff to avoid unnecessary risks

05/04/2009

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

25 Off-Limits Interview Questions

05/01/2009
White Paper published by The HR Specialist, copyright 2009 ______________________ Job interviews present a minefield of legal problems. One wrong question could spark a discrimination lawsuit. That’s why you should never "wing it" during interviews. Instead, create a list of interview questions and make sure every question asks for job-related information that will help in […]