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FMLA

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …

FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act

05/15/2007
White Paper published by The HR Specialist, copyright 2009 ______________________ The Family and Medical Leave Act (FMLA), which became law in 1993, provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, for caring for a spouse or an immediate family member with a […]

Cutting an employee’s pay is perfectly legal, but first review his potential for a bias lawsuit

05/01/2007

Employers can cut an employee’s compensation at any time for any nondiscriminatory reason, as long as the person isn’t covered by a union contract or other agreement …

You (not the employee) determine FMLA leave

05/01/2007

Q. At a recent FMLA seminar I attended, the speaker said that employers have the responsibility to ask employees if they want their absences applied to their 12 weeks of available FMLA leave. I understand that we can run FMLA leave concurrent with paid sick leave, but what if an employee doesn’t want to use up his FMLA leave and has other paid or unpaid leave available under our company leave policy?—J.G., Ohio

Employee can’t take FMLA leave for jail time

05/01/2007

Q. Does the FMLA apply to employees who are in jail, too?—A.B., Texas

Watch calendar to keep clear of intermittent-Leave trap

05/01/2007

Employees who have serious health conditions may be eligible for intermittent leave, and their eligibility is determined once per eligibility year …

Failing to ask for 2nd and 3rd medical certs doesn’t bar later challenge to FMLA eligibility

05/01/2007

Under the FMLA, employers who don’t ask for a second or third certification of an employee’s serious health condition aren’t forever barred from challenging the employee’s condition, as a recent Michigan case shows ...

Tell managers: Keep unsolicited dietary advice to yourself

05/01/2007

Michigan has one of the toughest weight discrimination laws in the country—a law that can trip up supervisors who innocently offer diet tips. It’s crucial to train management staff to recognize that discussion concerning an employee’s weight is off-limits …

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …