• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

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 …

Avoid stricter notification policy than FMLA requires

12/01/2003
Can your organization require employees to give notice of their need for FMLA in a way that’s more stringent than the standards set by federal law? Courts are split on this …

Don’t expect those on FMLA leave to ‘stay home and shut the blinds’

12/01/2003
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

Only 3 full days of incapacity will trigger FMLA leave

12/01/2003
Issue: Court raises threshold for employees to qualify for FMLA leave. Benefit: Workers can take FMLA leave if they have a serious condition causing three consecutive full days of incapacity, …

Do the math before taking action
against employee on FMLA leave

11/01/2003
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

You Shouldn’t Tie FMLA Leave to Workers’ Evaluation Date

10/01/2003

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

3 common FMLA mistakes … and how to avoid them

10/01/2003
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave annually for the birth or adoption of a child, their own …

Too small for FMLA? Think again; you may be an ‘integrated employer’

09/01/2003
If your company has fewer than 50 workers, yet is somehow linked to another employer or location, you may incorrectly believe that you don’t need to comply with …