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FMLA

Pregnant Employees: Answers to Your 20 Toughest Legal Questions

04/26/2007
White Paper published by The HR Specialist ______________________ Not many years ago, pregnant women were subject to poor treatment from employers and company insurance plans as well. But the Pregnancy Discrimination Act (PDA), enacted in 1978, prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” The PDA required most employers to make […]

Pregnant Employees: Answers to 7 Questions on Hiring and Employment Status

04/26/2007

The Pregnancy Discrimination Act has important implications for how employers treat pregnant women during the hiring process and after, once they become employees. Here are the EEOC’s answers to some of the most common questions employers face.

Train managers on FMLA or risk double damages

04/01/2007

Make it a point to train supervisors on how to manage employees’ leaves that could be covered under the FMLA. Otherwise, don’t expect to plead ignorance if they make a mistake. A court could zap you with double damages under the FMLA’s liquidated-damages rule …

Workers fail to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? —T.B., Tennessee

After merger, must we hire worker who’s on FMLA?

04/01/2007

Q. We bought a company and agreed to consider hiring the seller’s employees. We interviewed and hired some of them. One of the employees was out on FMLA leave and is telling us that we have to hire him. We looked at his work record and we would never hire him. Do we have a potential problem? —R.L.B.

Don’t expect early dismissal of FMLA lawsuit even if law doesn’t cover your organization

04/01/2007

Employers that don’t have enough employees to be covered by the FMLA (50 employees) won’t necessarily win dismissal of an FMLA lawsuit right away …

Termination for excessive absenteeism

04/01/2007

Q. Our handbook states that employees will be terminated if they are absent more than 10 days in 12 consecutive months. An employee has been absent for seven days so far this year, three of which were due to the flu. He called out sick four days ago. When he returns, he will have exceeded the 10-day limit. Can we terminate him?

You can’t directly call doctor for FMLA information

04/01/2007

There’s a right way and a wrong way to make sure employees have a “serious” condition that qualifies for FMLA leave …

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

Planning for a pandemic flu: Is your organization prepared?

04/01/2007

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning …