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FMLA

Second Opinion on Fitness-for-Duty Certificate

01/01/2007

Q. We have an employee returning from FMLA leave. His physician issued a fitness-for-duty certificate, but we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Further, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination? —A.L.

Give FMLA notice when employees go on workers’ comp

01/01/2007

When employees go on workers’ compensation leave, you should tell them about their FMLA rights. That starts the 12-week clock ticking. If you don’t notify them, a lawsuit may follow even if the employee settles the workers’ comp claim …

New civil union law: How must employers respond?

01/01/2007

Now that New Jersey has become the third state to allow civil union among same-sex couples, employers need to rethink some of their HR policies and practices, particularly with employee benefits …

Same-Sex Unions in N.J.: Responsibilities and Restrictions of the New Law

01/01/2007

Same-sex unions are now a reality in New Jersey, and employers will have to change the way they deal with employees as a result. It’s too early to tell exactly what steps employers will need to take, but it’s important to understand what led to the decision and legislation …

Florida Workers’ Comp Law: What Is ‘Maximum Medical Improvement’?

01/01/2007

Even though Florida’s workers’ compensation (WC) system includes many safeguards to protect against abuse, you must still stay on top of cases to ensure that you pay only legitimate benefits …

FMLA: All managers can face personal liability for leave mistakes

01/01/2007

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled …

Offer at least 15 days to turn in FMLA paperwork

12/01/2006
An automotive company granted a welder FMLA leave until Dec. 10. But due to medical complications, she called on Dec. 4 requesting an extension. A company nurse orally approved the extension but asked for certification.

Secondary employer isn’t responsible for FMLA notice, leave

12/01/2006

If you use leased employees, you’re not required to manage their FMLA leave. That’s the leasing company’s responsibility as the person’s primary employer …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

Know which leave counts toward FMLA

12/01/2006

Q. I told an employee who takes lots of intermittent FMLA leave that all of her time out of the office (no matter what it was for) would count against her FMLA time. My VP called me in and told me I was wrong and that was absolutely NOT the law. What is the best way to track her intermittent leave? Do I ask for documentation each time? —J.S., Texas