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FMLA

Collecting unpaid health insurance premiums after FMLA leave

04/01/2008
Q. One of our employees recently came back from FMLA leave. Before he left, we never agreed on the method by which he would pay his share of health insurance premiums. It’s been two months now, and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium? …

How International Conflict Breeds Domestic Employment Laws

03/18/2008
The employment law legislative cycle has played out repeatedly for more than 40 years: Congress acts to protect service members’ rights when they are risking their lives in the field. Often those rights end up spreading to all other workers as well. The result: the Civil Rights Act, the ADA, the FMLA and USERRA.

Answers to your FMLA military family leave questions

03/11/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

Bring back injured employee quickly: A 5-step return-to-work plan

03/04/2008
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she will return at all.

Time records crucial in FMLA eligibility calculation

03/01/2008

As a practical matter, the FMLA requires employers to carefully keep track of all hours each employee works. If the employer’s time records don’t include all time worked, it is up to the employer to prove to the court that the employee didn’t work enough hours to qualify for FMLA leave. With poor records, that may be hard to do …

Migraines, job transfer and the FMLA

03/01/2008

Q. Our receptionist has been certified as eligible for intermittent FMLA leave for migraines. When she calls in sick without notice, it really disrupts our workplace; we have to pull someone from another position to cover her duties. Can I transfer her to another position where we can better accommodate her absences? …

FMLA extended to military families: More changes to come?

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January. The law grants FMLA-protected leave to workers who care for injured soldiers and families of reservists called to duty …

Returning from FMLA leave may require ADA accommodation

03/01/2008

Balancing time off with reasonable accommodations can be tough if one of your employees is covered by both the FMLA and the ADA. You must be especially careful if a disability means an employee needs to take her 12 weeks of unpaid FMLA leave, but can’t quite return to work without an accommodation …

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

FMLA expansion to military families approved

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January, granting FMLA-protected leave to family members of injured military personnel and to families of military reservists called to active duty …