FMLA

Don’t let tardiness influence FMLA leave

06/17/2008

Ann Weichman, an account underwriter at Chubb, was a pain to supervise because she was so frequently late for work. Then, a few days after Weichman took FMLA leave, she was late for nonmedical reasons. The company had had enough and fired her. She sued for retaliation and interference with her FMLA rights …

You don’t have to ask for FMLA certification for every absence

06/12/2008

Balancing business needs against employees’ legitimate FMLA rights is one of the hardest parts of managing absenteeism. Now there’s one less thing to worry about. A new case makes it clear that you don’t have to request an FMLA certification every time an employee calls in sick …

FMLA and termination for failing to submit certification

06/11/2008

Q. Our company has an employee who has taken FMLA leave to care for his sick child. His attendance record has been poor, but we have not documented our warnings as well as we should have. Our company has a rule that an employee has 15 days to have the treating doctor sign and return a form certifying the medical condition of the family member who is sick. We never received the signed form. The employee says that his doctor sent it. Can we terminate the employee? …

You fired worker on FMLA leave? Better have a good reason

06/03/2008

Employers can’t manipulate the FMLA to terminate employees for taking FMLA leave by trumping up charges. As the following case shows, courts grow very suspicious when employers come up with reasons to fire employees who are on FMLA leave. And they often send such cases to trial, leaving employers at the mercy of juries …

Branch offices and FMLA leave

06/03/2008

Q. Our company has about 75 employees scattered throughout 10 offices in the state, with a maximum of 10 in any one office. One of our employees has requested FMLA leave for a serious health condition. Do we have to provide it? …

Be sure to coordinate with FMLA administrator before firing

05/30/2008

If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …

Concurrently running FMLA leave, vacation time and short-Term disability

05/27/2008

Q. Our policy requires an employee out on FMLA leave to run any accrued vacation or sick time concurrently with FMLA leave until that time is used up. (At that point, the FMLA leave becomes unpaid.) We also have a short-term disability (STD) policy that kicks in after seven consecutive days and lasts up to eight weeks. A pregnant employee recently requested 10 weeks of FMLA leave, starting upon the birth of her child. She currently has 3½ weeks of accrued vacation time. Can we require her to use up all of her vacation time once she goes out on maternity leave, even though she is also receiving STD payments? …

What should we include in our updated employee handbook?

05/27/2008

Q. Our company is looking to revise and update its employee handbook. This will be the first update in several years. Is there anything specific that we should focus on to make sure that we are up-to-date? …

Warn employees: No FMLA certification, no excused absence

05/23/2008

If employers take a lackadaisical approach to medical certifications, they might be issuing an invitation to abuse FMLA leave. Remind your employees that they must provide FMLA certifications—and that refusing to cooperate will result in the time off being counted as unexcused absences. The consequence: possible termination …

Employee has used all FMLA leave? Assess disability status before terminating