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FMLA

FMLA claims just got tougher for employers

11/01/2007

The 4th Circuit Court of Appeals has decided that waiving employers’ past violations of the FMLA requires approval from a court or the U.S. Labor Department. That gives employees a leg up if they sue their employers for violating the FMLA. At the heart of the case is an FMLA regulation that states, “Employees cannot waive their rights under FMLA” …

Think twice before doing anything to discourage employee lawsuit

11/01/2007

When an employee is threatening to file a lawsuit against your organization, it’s natural to feel angry, betrayed or even hurt. But don’t react. Instead, tell him that the decision is his, and you’ll treat him just the same as you always have—lawsuit or no lawsuit …

Time off beyond FMLA may be reasonable accommodation

11/01/2007

The FMLA gives eligible employees up to 12 weeks of unpaid leave per year. Employers are free to discharge employees who cannot return to work after that time is up—that’s legal under the FMLA. But before you fill out that pink slip, consider whether the employee may be disabled under the ADA. If so, he may be entitled to more time off as an accommodation …

Don’t let FMLA trip you up: Have HR investigate leave abuse

11/01/2007

You expect employees to follow your attendance and time-reporting rules and probably discipline those who don’t. But you need to know that FMLA leave can be an attendance minefield where disciplinary actions can cause great damage. Employees who allege that employers “willfully” interfered with their FMLA rights or retaliated against them for taking FMLA leave have up to three years to sue. One way to prevent the willful violation charge is to take the employee’s supervisor out of the disciplinary process …

What to do after salaried employee maxes out leave

11/01/2007

Q. I have a salaried employee who used all his vacation and sick time. He is allowed a total of 21 days and has used 22, but he wants to take more vacation in November 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? This may be an ongoing thing every year …

Is it time to stop tracking employees’ vacation time?

10/09/2007

Plenty of companies use paid time off banks in lieu of rigid leave plans that designate a specific number of days for vacation, sick and personal time off. Now newer leave plans are going even further, doing away with the concept of tracking leave time altogether. Weigh the pros and cons when deciding whether unlimited leave is right for your organization.

You can pro-Rate bonuses based on FMLA leave time

10/01/2007

Does your organization offer a bonus plan that rewards workers for their productivity? If so, be sure to avoid a surprisingly common mistake that’s tripped up many Indiana employers: incorrectly structuring the bonus plan—or making deductions from bonuses—in a way that violates the FMLA. A new Indiana court ruling shows how an organization can legally pro-rate an employee’s bonus …

How to put a stop to FMLA leave abuse

10/01/2007

Q. I suspect one of the employees in our office is abusing his FMLA leave because he always seems to call off work at the end of the week or around holidays. What options are available to us to deny his suspicious leave requests? —E.L. …

Is return to work after workers’ comp guaranteed?

10/01/2007

Q. An employee has been out for the past few months on workers’ comp. During his recovery, we placed someone else in his position. His replacement has performed better than the injured employee, and we want to keep the replacement. Do we have to return the original employee to his job following his return from workers’ comp leave? —R.P. …

Downsizing and FMLA leave

10/01/2007

Q. Our company is in the process of going through a reduction in force. One of the positions that has been selected for elimination belongs to an employee on FMLA leave. Can we still eliminate the position? …