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FMLA

Understand links between FMLA and workers’ comp

01/01/2006

Q. If an employee is out on workers’ comp due to a work-related injury that requires surgery, can we also force him to use FMLA days in conjunction with that workers’ comp leave? The workers’ comp carrier is paying the employee’s reduced wages. —B.F., Pennsylvania

Set separate notice rules for FMLA and regular absences

12/01/2005
Your organization can (and should) establish clear rules for whom employees should contact if they need time off. Those rules can specify one contact person …

You can request new certification at the start of each ‘FMLA year’

12/01/2005
A new Labor Department opinion letter clarifies that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “leave year.”

Request certification at start of each FMLA year

12/01/2005
A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “FMLA year.” …

Taking FMLA/paid leave together may forfeit attendance bonuses

11/01/2005
When employees return from FMLA leave, they should be given the same or equivalent position with equivalent benefits. FMLA regulations say that bonuses for “job-related performance, such as for perfect attendance” …

Make sure return-to-work requirements are reasonable

11/01/2005
When employees return from leave for an FMLA-covered illness or ADA-related disability, you naturally want to make sure they’re ready to resume work. After all, if problems linger, you may want …

Denying leave may be legal, but unwise, for small firms

11/01/2005

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

You can’t ask employees to sign away FMLA rights

10/01/2005
Issue: Severance packages usually ask departing employees to waive their rights to file various employment lawsuits.
Risk: If you include FMLA in that mix, you’ll risk having the whole package …

FMLA caregivers must stay close; calls don’t count

09/01/2005
While the FMLA allows employees time off to care for a sick spouse, child or parent, such “care” doesn’t have to be physical. FMLA regulations say employees can take FMLA leave …

Don’t ask employees to sign away their FMLA rights

09/01/2005
In severance agreements, employers typically require employees to sign promises not to file employment-related lawsuits. But don’t try to include FMLA rights in that
waiver.
Why? A new ruling …