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FMLA

Collect proof of FMLA medical leave the right way

06/01/2005

If you think employees are fudging their FMLA medical leave, how often can you request medical certification? The U.S. Labor Department recently gave employers added latitude to dig into suspicious FMLA claims …

‘Reasonable’ Maternity Leave Doesn’t Matter Under FMLA

05/01/2005

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Make sure the employee is qualified before approving an FMLA request

04/01/2005
Take extra time to review an employee’s eligibility and certification for FMLA leave at the time of the request, not later.
As a new court ruling shows, employers who approve …

Asking for test results is OK in cases of business necessity

04/01/2005
When an employee encounters a medical problem, don’t fear asking for more details or requiring medical tests, as long as you can prove that your requests are focused on whether the …

Continuing insurance isn’t required by workers’ comp

04/01/2005

Q. We have several employees out on workers’ comp claims. Our policy is to pay for the employee but not dependents. How can we terminate the group insurance for employees who are out on workers’ comp for more than three months? —M.O., Washington

Don’t automatically fire after FMLA, STD leave expire

04/01/2005

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Employees can’t cry ‘retaliation’ if they’re not eligible for leave

04/01/2005
Issue: Employees can sue for FMLA retaliation only if they’ve put in the minimum hours to become eligible for FMLA leave.
Benefit: Less risk of first-year employees winning FMLA-retaliation suits. …

Leave FMLA out of your handbook if it doesn’t apply

04/01/2005

Q. Our company employs fewer than 50 people, so we don’t have to comply with FMLA. Do we need to mention that fact in our employee handbook? —G.R., Michigan

It’s OK to slightly alter FMLA leave-taker’s job

04/01/2005
Issue: As a new ruling shows, you can make minor changes to an employee’s job while he or she is on FMLA leave.
Benefit: Increased staffing flexibility, decreased liability under …

Do your managers know an FMLA request when they see one?

03/01/2005
When employees request leave, especially for unforeseen circumstances, they don’t need to assert their FMLA rights explicitly by saying, “I need FMLA leave.” In fact, they don’t need to mention FMLA …