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FMLA

FMLA leave even if paperwork is lacking?

04/01/2008
Q. Can an employee be required to use FMLA leave if the required paperwork has not been completed by the employee or signed by the employee’s physician? …

You must follow no-Fault absenteeism policy to the letter

04/01/2008
Companies often rely on a no-fault absenteeism policy as an objective way to determine who should be terminated for unreliability. As long as the policy doesn’t count time off for an FMLA-protected reason, such policies work well—if you follow your own rules …

FMLA changes are here — and even more are on the way

04/01/2008

Employers with 50 or more employees that are subject to the requirements of the FMLA, take note: Significant developments are under way: A new law extends leave benefits to military families, and the U.S. Labor Department is revamping regulations interpreting employers’ obligations under the FMLA …

Termination after maternity leave may violate the FMLA

04/01/2008
Not every employee wants to take FMLA leave, and employers sometimes don’t designate paid time off as FMLA time. But an employee doesn’t have to request FMLA leave in order to be protected by the law. That means you can’t refuse to reinstate an employee when she returns from leave. Doing so would amount to interference with the right to FMLA leave …

Rush to fire or demote pregnant employee often backfires

04/01/2008
When it comes to discrimination claims, timing can be everything. An employer that discharges or demotes a pregnant employee (or one who has just given birth) is asking for a discrimination or retaliation lawsuit. If you have a poorly performing employee who is pregnant or just gave birth, don’t do anything adverse until she has returned to work for some time …

How to assign FMLA leave to a reluctant employee

04/01/2008
Q. What happens if an employee takes sick or vacation leave and we want to run out his FMLA leave? We think he has a qualifying condition, but he won’t get medical certification because he doesn’t want the time used for FMLA. — R.W.D., Georgia …

Recapturing health insurance premiums following FMLA leave

04/01/2008
Answers to 3 questions about recovering health insurance premiums.

Employee working while on FMLA leave? Check certification

04/01/2008
If you find out that a worker out on FMLA leave is actually working for someone else, it’s time to check the employee’s FMLA certification. If the certificate says he’s “unable to perform work of any kind,” you can and should take action …

Employees who agree to arbitration lose federal option in FMLA, NJLAD cases

04/01/2008
Employees who agree that they want an arbitrator to handle their absenteeism claims shortly after they have been disciplined can’t later file a federal FMLA or New Jersey Law Against Discrimination (NJLAD) claim …

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …