• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

Labor Dept. draws battle lines in the great FMLA fight

09/01/2007

Chances are your employees are happier with the 14-year-old FMLA than you are.  A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report …

Keep written records showing discipline rationale

09/01/2007

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline …

Providing more leave than required? You can legally cut back

09/01/2007

Some employers offer more than the 12 weeks’ unpaid leave annually that the FMLA grants to eligible employees who need to care for themselves or close family members who have a serious health condition. But that doesn’t mean they have to keep doing so. It’s OK to change your leave policy to the legal minimum and then start disciplining employees who exceed the FMLA allotment …

Can employees agree to waive their FMLA rights?

09/01/2007

Q. I have been told the company cannot require an employee to sign a valid release of a potential FMLA claim. We recently have gone through a downsizing. We have a severance policy that provides a nice benefit, but to qualify, the employee must sign a general release promising not to sue the company over any employment-related matter. The release includes any claim under the FMLA. Is that OK? …

Can you consider FMLA leave in employee’s review?

09/01/2007

Q. We have an employee who takes a lot of intermittent FMLA leave for medical reasons. We are writing her performance appraisal and need to address topics such as dependability, reliability, etc. Her FMLA leaves are affecting these issues. Does the law regulate whether we can lower her performance review or merit increases based on her FMLA leave? —G.L., Massachusetts …

Must we let workers on FMLA leave use sick leave?

09/01/2007

Q. Our policy states that sick leave is available to employees who are scheduled to work but unable to do so due to illness or injury. It’s not available to employees who are on (FMLA) leaves of absence because—due to the leave—they’re not scheduled to work. In other words, we don’t allow employees on FMLA leave to take paid sick leave. Do we have to? —S.B., Pennsylvania …

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

E-mail is forever—So be careful what you say

09/01/2007

An ill-worded e-mail, unlike a phone conversation, can come back to haunt you. Deleting e-mail doesn’t mean it’s gone forever, or that a recipient hasn’t saved, printed or forwarded it. Plus, there are plenty of computer experts out there who can recreate or retrieve deleted e-mail messages. The best policy is to assume that whatever is in an e-mail can be used against you in a court of law …

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …