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FMLA

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 …

You can’t directly call doctor for FMLA information

03/01/2007

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

Offer half-Day FMLA leave regardless of the burden

03/01/2007

It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period …

FMLA may require reinstatement, even with work restrictions

03/01/2007

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?…

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


When are overweight employees considered ‘Disabled’?

03/01/2007

Is obesity a disability? Until recently, the answer has been “Fat chance!” But that may be changing. A recent ADA court ruling opens the door to some types of obesity being defined as disabilities …

Firing workers who take FMLA leave? Do it carefully

03/01/2007

The federal FMLA and New Jersey’s Family Leave Act (NJFLA) both make it illegal to discipline or terminate employees because they take leave to care for a sick parent or child. But that doesn’t mean employees who take such leave are “untouchable” from discipline …

Cutting jobs? You may be able to consider FMLA leave

03/01/2007

You’ve heard it over and over again: Don’t take FMLA leave into consideration when making employment decisions. But you don’t have to take that caveat to extremes …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Job Stress Can Count as FMLA-Eligible ‘Serious’ Condition

03/01/2007

A court has ruled that an employee’s inability to go to work due to stress and anxiety about a pending termination or other performance issues may be considered a “serious health condition” under the FMLA …