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FMLA

What counts as an ‘FMLA week’: 40 hours?

05/15/2008

Q. How should I calculate the number of hours to charge to an employee’s 12-week FMLA entitlement? We have employees who work 40, 55 and 64 hours per week. Do we give them a 12-week cap or do we extend the weekly amount to cover the amount of weeks it would take to cover 480 hours (which assumes a “standard” 40-hour week)?


Putting employee on FMLA leave: Who decides?

05/15/2008
Q. I’m confused about medical certifications and employees who don’t want to use FMLA leave. Can I, if I believe the employee is out for an FMLA condition, force him to take FMLA leave? — A. B., Florida …

Co-Worker couples: FMLA leave cut in half

05/15/2008
Q. I’ve heard that if both parents work for the same company and they have a child, they’re only allowed to take a combined 12 weeks of FMLA leave. Is that true? — J.S., Pennsylvania

Plan to pick up slack when FMLA leave cuts worker output

05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …

Warn managers: Personal problems aren’t ‘Distractions’

05/13/2008
Some lawsuits are based on just a few careless comments from a supervisor. That’s especially true in cases involving employees who take time off under the FMLA. Managers who refer to these problems as “distractions” and comment on their impact on the workplace are inviting employees to sue …

What are the rules on parenting leave for small employers?

05/13/2008
Q. We are a small shop with 15 employees. One of our full-time employees who has been with us for more than five years recently announced that his wife is pregnant. He requested eight weeks’ leave after the baby is born. Are we required to give him this leave? …

Three-Day FMLA incapacity can span regular days off

05/09/2008
Employees who claim they qualify for FMLA leave because of a short illness have to show that they went to a doctor and were incapacitated for three days. But the three days don’t have to be workdays—they can include days off …

Must we offer the same position to a temp worker returning from FMLA leave?

05/09/2008
Q. We lease some of our workers from an agency. The agency handles all personnel needs of its employees, but our supervisors provide day-to-day direction to the workers. One of our agency employees, Jane, informed the agency that she was taking FMLA leave for her pregnancy. While Jane was out on leave, the agency supplied us with a replacement, Mary. Jane’s FMLA leave is over, and the agency wants to send her back. We would prefer to keep Mary. Does the FMLA oblige us to let Mary go and bring Jane back? …

Base reinstatement on job held at time leave began

05/07/2008
For determining reinstatement rights under the FMLA, it’s the job the employee was in at the time she began her FMLA leave that counts. As long as the job she returns to is substantially equivalent, it does not matter that the job may be below her capacities and educational background …