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FMLA

Worker fails 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

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

RIF after FMLA leave? Possible, but proceed with caution

04/01/2007

If you terminate an employee soon after he or she has returned from FMLA leave, you open yourself to charges of retaliation …

Make sure absence policy doesn’t clash with FMLA

04/01/2007

Warning: If you terminate employees who take more than 12 weeks off in a given period, you may be violating the FMLA even if you allow employees their full FMLA allotment of 12 weeks unpaid leave …

Keep good records of employee leaves; workers have three years to file FMLA suits

04/01/2007

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years …

Employee acting out of character? Balance safety, liability

04/01/2007

An otherwise good employee is acting out of character, and you think she needs help. Do you insist she contact the employee assistance program (EAP), and send her home? …

Small subsidiary isn’t subject to FMLA if separate from parent

04/01/2007

S.P. Richards Co. (SPR), a Smyrna office-supply wholesaler, recently won an FMLA victory when the 1st Circuit Court of Appeals determined it would be considered separately from its parent company, Genuine Parts Co. …

How to Set Reasonable Call-In Rules for Absences

04/01/2007

For many employers, absenteeism is a constant problem. You know you must give employees some slack, especially for family and medical emergencies and to accommodate disabilities that sometimes flare up. But, to make sure the work gets done, you need to know who’s going to show up and who isn’t …

Employment Laws: Compliance Thresholds

03/15/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply […]

Workers’ Compensation Insurance

03/08/2007

HR Law 101: Workers’ compensation insurance provides compensation to employees who are injured or disabled on the job. It pays for medical treatment, loss of wages during a period of disability and compensation for permanent disability or disfigurement …