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FMLA

Your ‘so-so’ employee is on leave; can you keep his replacement?

03/01/2004
It’s not uncommon to realize that employees on Family Medical Leave Act (FMLA) leave aren’t as productive as their temporary replacements. That puts you in the sticky situation of wishing you …

‘Willful’ violation can extend employees’ time to file FMLA suit

03/01/2004
Typically, employees can file Family and Medical Leave Act (FMLA) lawsuits no later than two years after the alleged violation. But if a worker can prove that your organization “willfully” violated …

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Beware bias against men who take FMLA leave

02/01/2004
Would you think less highly of male applicants because they took leave under the Family and Medical Leave Act (FMLA)? Your first answer may be “No,” but a new study suggests …

Don’t delay on FMLA decision; act quickly or risk liability

02/01/2004
Issue: Notifying employees that their leave qualifies under the Family and Medical Leave Act (FMLA). Risk: Courts tend to resolve borderline FMLA eligibility disputes in favor of employees. Action: …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Don’t mess with FMLA’s leave restrictions

01/01/2004
Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …

Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …