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FMLA

Don’t blow off legal papers unless you’re prepared to personally pay back wages

11/01/2007

Does your organization have a process in place for handling legal paperwork? If not, you risk a default judgment that could cost big bucks. If your organization is served with a lawsuit and fails to respond, a court may refuse to let it enter a late defense. And if the organization can’t participate, the court will accept as true everything the employee who is suing says in the complaint …

Make sure employees know FMLA policy on returning to work

11/01/2007

Employers can require employees who are off work for an FMLA-qualifying illness (their own serious health condition or that of a child, spouse or parent) to provide updates on their conditions. But watch out if you have a policy that calls for termination if the employee fails to report for work when his doctor said he would be ready to return—especially if more FMLA leave is still available. Make absolutely sure the employee knows about the rule …

How does FMLA leave overlap with paid vacation, sick and personal leave?

11/01/2007

Q. Our employee handbook provides that employees who take FMLA leave must first use any available paid-leave time, including vacation, sick time and personal time, as part of their FMLA leave. I have recently heard that there may be limitations on an employer’s ability to require an employee to substitute his paid-leave time for unpaid FMLA leave. Can you clarify this? …

FMLA doesn’t require damages if employee can’t work

11/01/2007

Even if an employee has been wronged because his employer denied FMLA leave he was entitled to take, he still can’t just sit around and expect the employer to pay him until retirement age. He must make efforts to mitigate his losses by seeking out work that fits his medical restrictions …

Time to care for adult children limited to ADA disabilities

11/01/2007

The FMLA provides employees with up to 12 weeks off to care for a child suffering from a serious health condition. But when the child is an adult, the rules change, making it much harder for employees to qualify for leave. Here’s why: FMLA regulations say that FMLA leave for children older than 18 is available only if the child is disabled under the definition in the ADA …

When whistle-Blowing is involved, discharge reasons must be rock-Solid

11/01/2007

he Michigan Whistleblowers’ Protection Act protects employees who report suspected wrongdoing to public authorities from retaliation. An employer that knows an employee has reported alleged wrongdoing must take special care when disciplining or discharging that employee. Unless you have an absolutely legitimate business reason for your action, the timing makes the decision suspect and will most likely lead to a jury trial …

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …

On the hook for FMLA transgression? Offer immediate reinstatement to cut liability

11/01/2007

The FMLA is a complicated law, ready to trip up even the savviest HR specialist. Often, a case turns on the employer’s subjective motivation rather than its objective action. What do you do once you realize your organization may be on the hook for an FMLA violation? The answer: Immediately, unconditionally offer to reinstate the employee. You will cut back-pay and failure-to-reinstate liability …

Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

No unemployment comp for workers who quit to care for disabled family members

11/01/2007

Family and military leave laws require Indiana employers to accommodate employees dealing with certain family problems. But the law doesn’t stick employers with an unemployment compensation bill when employees quit after their protected leave expires. Thanks to a recent Indiana Court of Appeals decision, it is now clear that voluntarily quitting to care for an ill family member does not mean the employee is eligible for unemployment compensation payments …