FMLA

You’re justified in firing employee you reasonably believe committed ‘Leave fraud’

08/06/2008

Here’s a surprisingly common situation that presents what looks like a no-win situation for employers: A worker with a high-pressure job and a heavy workload asks for FMLA and short-term disability leave for various minor health problems. The company approves the leave, expecting the employee back after 12 weeks …

Colorado vs. federal law on discrimination

08/05/2008

Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

Can we switch a salaried employee to hourly to deal with pregnancy-related absences?

08/01/2008

Q. Our office manager, who is pregnant, has begun coming in late two or three times a week due to morning sickness. Because she is a salaried employee, we know that we cannot deduct from her wages for partial-day absences. Can we change her position to one that is paid on an hourly basis until she returns from her maternity leave? …

Use patience when disciplining employee who requested FMLA leave

07/28/2008

Some employees who are having performance problems think taking FMLA leave will stop any pending disciplinary action. But an employer doesn’t need to hesitate to discipline if it can show that the employee really does deserve the discipline. But don’t jump the gun …

Warn managers about personal liability

07/25/2008

One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008

Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008

Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Refusing reinstatement after FMLA? Get your story straight

07/24/2008

Employees who take FMLA leave are entitled to return to their same jobs (or substantially equal ones) after leave ends. But what happens if employees can’t return to their same jobs because they aren’t completely well or able to do the same duties they did before?

Is that leave legit? You can discipline for FMLA ‘Vacation’

07/22/2008

Do you suspect that some of your employees take FMLA leave for something a little less serious than tending to the health care needs of themselves or their relatives? If so, here’s some good news: You can and should check up on suspicious FMLA usage …