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FMLA

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …

FMLA allows longer paid leave than worker requests

12/01/2006

You can legally keep employees on FMLA leave longer than they requested so long as you provide them pay and benefits during that period.

Pregnancy of employee’s child may trigger FMLA leave

11/01/2006

The FMLA allows employees to take job-protected leave for the birth or adoption of their child. But can an employee legally take FMLA leave when his or her child is having a baby? In most situations, the answer is "no." But that’s not always the case …

Help boomers use FMLA accurately for elder care leave

10/01/2006

As your baby boomer employees watch their parents enter their 80s and 90s, more of them are taking time off to care for those aging parents. The problem: More than 60 percent of employers believe they’ve granted FMLA time off that was unfounded, according to a Society for Human Resource Management survey. That spells unwarranted absenteeism, which can disrupt work flow …

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Design your bonus program with the FMLA in mind

10/01/2006

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA’s regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands …

Recertification request won’t guarantee FMLA extension

10/01/2006

By law, employees can take up to 12 weeks of FMLA leave each year. Your organization can, if it chooses, grant an extension …

You can alter job description for worker on FMLA leave

10/01/2006

When employees return from FMLA leave, you’re required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees’ jobs or conditions of employment while they’re out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations …

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

Does FMLA cover leave after relative dies?

09/01/2006

Q. One of my employees has been out on FMLA leave for seven weeks taking care of his sick father in another state. The leave was approved for a full 12 weeks. I received a voice mail from him saying that his father died. He also said that he had to clear up a lot of things with his father’s estate, but that he would be back by the end of his scheduled leave. Can he do that or can I tell him he needs to come back sooner? —V.S.