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FMLA

Glowing evaluation doesn’t trump insubordination

07/01/2007

Have you worried about discharging an employee who just got an outstanding evaluation? It’s a legitimate concern, but don’t let it paralyze you …

Think worker is lying about health? Ask before disciplining

07/01/2007

Employees say the darndest things. Take, for example, those who call in sick or are out on disability for conditions you strongly suspect are not quite as serious as they say …

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …

Use common sense to judge length of leave

07/01/2007

You’re not alone if you have struggled to decide how much time off to allow a dsabled eimployee. It’s one of HR’s trickiest issues …

Dealing with FMLA intermittent-leave nightmare

07/01/2007

Q. We have an employee with a chronic condition. We granted her intermittent FMLA leave provided she gave us a certification each time she takes time off for the condition. We have to constantly remind her to turn in the form. She also won’t call HR when she is sick, but leaves a message with the front desk. This makes it hard to track her usage. Can we terminate for refusing to follow the instructions laid out on the FMLA approval form?

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

07/01/2007

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

Don’t delay termination notice if you’re confident you’re right

07/01/2007

If you can justify a decision to terminate an employee — even one with a disability or who is on FMLA leave — don’t wait. Just do it …

NJ Senate bill puts paid family leave on the horizon

07/01/2007

The Senate Budget Committee approved a bill May 24 that would grant paid family leave to the employees of most New Jersey businesses …

Vague claims of illness not enough to trigger liability

07/01/2007

Employees should notify their employers before taking FMLA leave—30 days ahead if possible. In cases of emergencies or sudden illnesses, employees must let their employers know as soon as is practical. But that doesn’t mean calling in sick or providing a vague doctor’s note is enough …

Incentive pay hours don’t count toward the 1,250 hours required for FMLA leave

07/01/2007

Q. We are a hospital and we give employee “bonus” hours if they agree to work weekends and at other times that are difficult to staff. An employee has requested FMLA leave to care for a family member. Our employee has actually worked less than the FMLA-required 1,250 hours in the year, but because of the bonus hours, she has been paid as if she worked more than 1,250 hours. Does she qualify? …