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FMLA

HIPAA Rules Aren’t Just For Doctors and Hospitals

08/01/2005

Q. I’d like to know if our company needs something like a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field? —B.B., New York

Intermittent FMLA leave may cause inconvenience

08/01/2005

Q. We have an employee on intermittent FMLA leave who periodically faints at work, is carried away in an ambulance, is off for a few days and then returns. Her position is critical. Do we have to continue with these absences? —R.R., Massachusetts

Firing during FMLA leave: legal, but usually unwise

08/01/2005
Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Always verify FMLA eligibility before approving leave

08/01/2005
Issue: Courts won’t look kindly on employers that OK an employee’s FMLA leave but then change their minds.
Risk: In such cases, courts could grant FMLA rights even if the …

Retain benefit eligibility after FMLA leave

08/01/2005

Q. We understand that employees on FMLA leave don’t lose investment toward retirement plans. Leave time is counted as work time. But our policy says that if employees are out for more than 30 days, their anniversary dates will change. Accrued paid-time off and vacation time will be based on the new anniversary date. Can we do this? —K.A., Connecticut

Stop FMLA abuse with employee ‘bed check’

07/01/2005
Good news: Managing employees out on sick leave and spotting FMLA abuse just got easier.
As a recent court ruling shows, you can call and check on employees to make …

Firing worker during FMLA leave: possibly legal, but usually unwise

07/01/2005
Terminating an employee who’s out on FMLA leave isn’t impossible. If you can prove that you would have fired the employee if he or she had been at work, you can …

Employee returning from FMLA? Alter pay only in rare situations

07/01/2005
When employees return from FMLA leave, they’re entitled to their same or equivalent position, pay and working conditions. If you try to place someone in a lower paying or lower-prestige job, …

Check state law before firing victim of a stalker

07/01/2005

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn’t been able to get a restraining order against him. We’re worried that he may show up and do her or other workers harm. Can we fire or suspend her? —B.L., Florida

Cut costs by challenging requests for intermittent FMLA leave

06/01/2005

Employees are becoming well versed in the FMLA game, and you’re paying the price.
Proof: Unscheduled intermittent FMLA leave now accounts for a sizable portion of all FMLA leave, says …