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FMLA

Firing after FMLA leave makes ADA request irrelevant

12/01/2007

Employers sometimes find themselves in tricky situations: An employee who has exhausted FMLA leave cannot return to work yet, but might be able to after more time off as an ADA accommodation. In effect, the ADA may extend leave if the employee is disabled. But a new case shows that an employer’s quick action may stop the clock …

Getting started on FMLA leave processes

12/01/2007

Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? …

Salaried employees running out of leave

12/01/2007

Q. If a salaried employee has used up all vacation and sick time, yet wants to take more vacation or calls in sick, can we make deductions from his pay? If not, what can we do? We don’t want the employees getting out of hand …

Employers have burden to prove employee hours fell short of FMLA requirements

12/01/2007

If you don’t track hours worked (for example, if you have exempt employees who come and go as they please), you may find yourself in hot water if you claim an employee hasn’t worked enough hours to be eligible for FMLA leave. The FMLA regulations make it clear that if “an employer does not maintain accurate records of hours worked by an employee … the employer has the burden of showing that the employee has not worked the requisite hours” …

‘Unusual’ behavior may signal need for FMLA leave

12/01/2007

Employees who can’t tell their employers they have serious health conditions may still put their employers on notice—and trigger their FMLA rights. “Unusual” behavior alone can be enough to notify a reasonable employer that an employee may have a serious health condition. That unusual behavior can include shouting at a supervisor, a panic reaction or other sudden emotional outbursts …

How to successfully manage FMLA intermittent leave

12/01/2007

The U.S. Labor Department, the agency that administers the Family and Medical Leave Act, recently collected 15,000 public comments on the law’s effectiveness. A top employer complaint: productivity problems caused by employee use (and abuse) of intermittent leave. Managing intermittent leave can be vexing, but the law does give employers some tools to combat FMLA leave abuse …

Can we dock pay if worker exceeds sick-Leave limit?

12/01/2007

Q. A salaried employee used all his vacation and sick time. He’s allowed 21 days and so far has used 22 this year. He wants to take more vacation in December and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? — R.E., Pennsylvania …

Handling HR issues in wake of the Southern California wildfires

12/01/2007

Now that the smoke has begun to clear after record wildfires swept through Southern California, employers face some smoldering pay and leave questions. What if the fires forced you to close your workplace? Do you have to pay employees who were ready and able to work? When must your organization pay employees who were forced to leave their homes? …

Don’t ask workers to waive past or future FMLA claims

12/01/2007

A key FMLA regulation says, “Employees cannot waive, nor may employers induce employees to waive, their rights under FMLA.” But does that rule apply to waivers of future FMLA violations as well as when they sign settlement agreements based on past FMLA violations? …

RSVP: Holiday party during FMLA leave?

12/01/2007

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to? …