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FMLA

FMLA certification: Collect medical-leave proof the right way

03/01/2005
THE LAW. The FMLA lets eligible employees take up to 12 weeks of un-paid, job-protected leave each year for their own “serious health condition,” or if the employee is caring …

FMLA for Over-18 Relative Hinges on Self-Care Ability

03/01/2005

Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military. —D.S., Georgia

Alert managers: No ‘magic words’ needed to request FMLA

03/01/2005
Issue: Some supervisors think about FMLA only if an employee explicitly says “I need FMLA leave.”
Risk: In reality, employees don’t need to use the term “FMLA.” Failing to recognize …

Small changes to returning worker’s job are OK

02/01/2005
When employees return to work after taking leave under the Family and Medical Leave Act (FMLA), you must restore either their original job or an equivalent job with the same pay, …

Employee (not you) is responsible for filing FMLA certification on time

02/01/2005
When employees take medical leave under the Family and Medical Leave Act (FMLA), you can require them to give you a doctor’s certification that confirms the medical problem. You must give …

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

Offer, don’t force, light duty as option for FMLA leave

02/01/2005
Issue: Court ruling says employees can perform light-duty work during their FMLA leave.
Benefit: In such cases, time spent on light-duty work would count toward the employees’ 12-week FMLA allotment …

Workers’ comp leave doesn’t stop ‘FMLA clock’

01/01/2005

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

All staff on payroll count toward FMLA threshold

01/01/2005

Q. We’re a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina

You can offer, but not force, light duty as an option for FMLA leave

12/01/2004
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. But, as the following case shows, you can …