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FMLA

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.

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 …