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FMLA

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? …

Count only hours actually worked for eligibility

07/01/2007

Do you have special incentive programs to make weekend work attractive to employees? If your program pays workers “credit hours” for time not actually worked, you don’t have to include those hours toward FMLA eligibility …

‘Chronic’ FMLA leave causing HR headaches

07/01/2007

If you’re having trouble determining when you must grant FMLA leave to employees who suffer recurring health problems, you’re not alone. Nearly two-thirds of HR professionals say they’ve experienced such problems, leading to morale issues and productivity loss …

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Suggest FMLA if worker says illness causing work problems

07/01/2007

An employee who has been performing well and then seems to act out of character may be suffering from a disability or a serious health condition. But suggesting a disability when there isn’t one is NOT a good idea …

Make sure not to defame an employee when issuing ‘Security bulletin’ after termination

07/01/2007

Workplace violence is a serious problem, and employees who have been fired may sometimes overreact …

Pregnant employees: Where can you draw the line?

06/01/2007

Pregnant employees and applicants are protected by two federal employment laws: the Pregnancy Discrimination Act and the FMLA …