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FMLA

Sick employee wants less overtime? Consider that a request for intermittent FMLA leave

07/17/2013
Don’t try to “create” artificial overtime for a disabled em­­ployee so she’ll be forced to use up her FMLA entitlement. That’s especially true if no one else is required to actually work overtime. Such a tactic will backfire.

FMLA: What if worker won’t return to old job?

07/17/2013
Employees who take protected FMLA leave are supposed to return to the same or an equivalent position in terms of pay, duties and benefits. But what if the employee doesn’t want the same job for some reason? Must you create a new job for her? No.

Think twice before firing employee who needs to take short disability leave

07/10/2013
Too many employers assume they can simply discharge a worker who isn’t yet eligible for FMLA leave, doesn’t have any other leave available and can’t work for a short period of time. That’s simply not always true. If the employee qualifies as disabled under the ADA, he may be entitled to a short leave as a reasonable accommodation.

FMLA: How can we be sure employee must care for her grandchild?

07/05/2013
Q. One of our employees just took emergency custody of her grandchild after her son and daughter-in-law were arrested for child abuse. She now wants to take FMLA leave to get the child settled in and have family counseling. What kind of proof must we accept that she really has legal custody?

Want to offer additional leave for disability? Be sure policy is drafted in your favor

07/05/2013

By now, you no doubt know that instantly firing someone who isn’t ready to return from FMLA leave may land you in legal trouble. Some employers have addressed this situation by crafting a policy that provides some additional leave. If you decide to do that, make sure you get legal help creating the actual policy.

Sudden severance switch raises bias red flags

07/05/2013
Here’s something to consider if you suspect an employee you want to terminate might sue for some form of discrimination. Offering a severance payment conditioned on waiving the right to sue could backfire if that’s not what you usually do.

Create–and enforce–policy requiring honesty

06/26/2013
Employers want honest ­employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.

Restrict FMLA leave info to those who need to know

06/03/2013
A frequent tactic for employees who have used FMLA leave and who are fired around the same time is to allege that they were terminated for taking FMLA leave. But those claims fall apart if the person making the termination decision didn’t know about the leave. That’s reason enough to limit access to FMLA leave information to those who need to know.

New FMLA regs in effect: Update your military leave policy

05/31/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the U.S. Department of Labor.