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FMLA

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Do you have a ‘No lying’ policy? It could be a legal lifesaver

02/01/2008

If you don’t have one, consider adding a general honesty or misrepresentation clause to your employee handbook. Such a clause can come in handy when you are looking for a solid reason to discharge someone who just isn’t being upfront and honest with the company, but technically may not have violated a specific work rule …

Does destination of FMLA leave matter?

02/01/2008

Q. We are an Illinois-based company and have an employee whose mother is very sick with cancer and in need of medical care at home. The employee is entitled to FMLA leave. The issue is that the mother lives in Hawaii and he has asked for leave starting next month. I don’t mean to be “cold,” but it sounds like a vacation from our bitter winter. Must we grant the leave for him to go to Hawaii? …

Must the signature of an actual doctor appear on FMLA leave certification?

02/01/2008

Q. An employee who is seeking FMLA leave has submitted the required paperwork from his doctor’s office, but the doctor’s staff assistant signed it. We asked our employee about the paperwork, and he told us that he went to his physician’s office and asked an assistant to fill out the certification. The doctor was not there when our employee took in the paperwork, and he admits that he had never seen the assistant before. Nonetheless, our employee is telling us that we have to accept the certification because someone at his doctor’s office signed it. Please tell me that at a minimum the physician has to know and approve of this certification …

How to navigate the intersection of the ADA and the FMLA

02/01/2008

When an employee needs time off due to a mental or physical impairment, he or she potentially could have rights under both the ADA and the FMLA. You must first determine whether one or both laws cover the employee. From there, you’ll know which rights the employee has. And any decision you make must take these rights into account … 

Is intermittent leave allowed to help parent move?

02/01/2008

Q. An employee takes intermittent leave to care for his parent. Do situations like helping his mother move to a new location qualify as FMLA leave? — B.D., Nevada …

Verifying FMLA leave for chronic conditions

02/01/2008

Q. An employee has a chronic condition that’s been medically certified. What information can we request to verify that his absences relate to his medical condition? — D.J., Florida …

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Carefully consider FMLA request to prevent double damages

02/01/2008

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave …

Refusing to return from leave

02/01/2008

Q. A worker who was injured on the job but now is better is refusing to return from leave. What can we do? …