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FMLA

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? …

Act fast on FMLA leave requests—Delay triggers a violation

10/01/2007

If you don’t train supervisors to immediately forward all FMLA requests to the HR office, you may find your organization on the losing end of an FMLA-interference lawsuit. An important new court ruling shows it doesn’t matter whether the employee’s FMLA leave request eventually is approved …

Don’t fire before knowing employee can’t return from leave

10/01/2007

Employees are guaranteed only 12 weeks’ unpaid FMLA leave per year and have no right to return to their jobs if they can’t make it back after their time is up. But that doesn’t mean you should prepare the paperwork to terminate the employee on the day their leave expires. Wait until you get medical documentation showing the employee can’t return …

Ohio poised to mandate generous family leave

10/01/2007

The Ohio Civil Rights Commission has proposed a new statewide policy to guarantee 12 weeks’ maternity leave to mothers working for companies with as few as four employees, with no minimum length of service. The law would replace Ohio’s existing law, which requires companies to give a “reasonable period of time off,” a standard which has been confusing …

FMLA intermittent leave and hours worked

10/01/2007

Q. We have an employee with a chronic health condition who began taking FMLA intermittent leave in February. She had worked more than 1,250 hours in the 12 months before the leave started. By June, she had dropped below 1,250 hours. Does she lose her eligibility now? …

No right to full pay for light-Duty work

10/01/2007

Some employees qualify for FMLA leave because they have a temporary medical problem that prevents them from performing their usual job. Often, they’ll elect to accept a light-duty position instead of taking 12 weeks’ unpaid leave.
Light-duty jobs often come with a lower paycheck, presumably because so many of those positions are really “make-work” jobs typically used to accommodate on-the-job injuries. What happens if the employee elects light duty and demands his or her regular pay? Does he or she have that right under the FMLA? Not according to the 7th Circuit …

Understanding how Illinois leave laws overlap with FMLA

10/01/2007

Illinois employers must comply with numerous state leave laws, in addition to the federal FMLA. To track leave usage, employers must understand which state leave laws overlap with the FMLA …

Make sure employees know your policies on moonlighting

10/01/2007

Do your employees ever take time off (whether vacation, personal time or even FMLA leave) to work a second job? You can’t do much about that unless you have a solid policy that prohibits moonlighting. Otherwise, employees on leave are free to spend that time any way they want, even working for someone else or in their own business …