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FMLA

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 …

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 …