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FMLA

OK to terminate disabled worker—If there’s no way to accommodate

08/01/2007

The ADA says disabled employees are entitled to reasonable accommodations—but the key phrase is “reasonable” …

Fired worker can still receive total-Disability benefits

08/01/2007

The Ohio Supreme Court has ruled that an injured employee may continue to receive temporary total-disability benefits even if he no longer qualifies for his position …

Florida enacts law providing leave to deal with domestic violence

08/01/2007

For the first time, the state of Florida has passed a leave law that affects the private sector. The newly minted Domestic Violence Leave Law provides time off to employees who suffer domestic abuse …

Health insurance maintained during FMLA leave

08/01/2007

Q. We have an employee who is out on an FMLA leave of absence. Our company provides health insurance for its employees and their families, and employees pay 20% of the premium. Our employee has not paid his share of the premium. Should we cancel his health insurance? We are very nervous about doing so because the employee has a very serious health condition. — J.B.

Does FMLA cover ‘Emotional care’ of spouse in ICU?

08/01/2007

Q We have an employee whose wife is in a hospital intensive-are unit. The employee has asked for FMLA leave. Is this an FMLA-eligible reason, even though the employee isn’t providing "care" as the law requires?

Don’t fire for FMLA absence, even with attendance problems

08/01/2007

Because the FMLA is an entitlement law, employers can’t interfere with emplolyees taking leave. But what about a chronically absent employee whom you’ve given one last chance? Do you have to sort out whether that final absence is covered by the FMLA—even if you could have fired him or her for absenteeism before? The answer is unequivocally “yes” …

Minor changes to working conditions don’t violate the FMLA

08/01/2007

While employees are off work on FMLA leave, things may change at the office. Work space may be realigned and reassigned, for example. But employers are obligated to return FMLA leave-takers to the same or an equivalent position after the leave expires. Does that mean the employee must get the same desk, office or location? Not necessarily …

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

Can we fire for incomplete medical cert?

08/01/2007

Q. An employee recently has contracted a serious health condition for which she requests FMLA leave. The medical certification form, completed by her physician, does not indicate the probable duration of her condition. Can we suspend the employee for the physician’s failure to submit a sufficiently complete medical certification form? …

U.S. Labor Dept. draws battle lines in the great FMLA fight

07/03/2007

While employees love the Family and Medical Leave Act (FMLA) and want to see it expanded, the law is causing productivity, scheduling and legal headaches for employers, according to a new U.S. Labor Department report that summarizes 15,000 public comments on the FMLA. Here are employers’ main complaints, plus a 10-step plan to help you comply with the FMLA.