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FMLA

Don’t force FMLA leave unless health condition is serious

12/01/2007

The FMLA allows employers to designate time off as FMLA leave even if employees want to use other time off (such as vacation and personal days) to deal with serious health issues. But be careful—if the time off turns out to be for a health condition that wasn’t serious and you later deny FMLA leave because the employee has none in the bank, she can charge you with interference with her FMLA rights …

Beware informal policy on returning after pregnancy

12/01/2007

Many employers try to simplify medical leave policies by adopting the same eligibility requirements set by the FMLA. But those same employers sometimes make exceptions for select employees, especially if they are seen as too valuable to lose to a short medical leave. Watch out if that’s your informal practice. Denying that flexibility to pregnant employees probably violates the federal Pregnancy Discrimination Act …

Do temporary employees count?

12/01/2007

Q. We’re a small company with about 45 employees, but we have another 20 employees who are temporary. Do we have to count the temps when complying with the EEO or other employment laws? …

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 …