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Interpret Military Leave Law in Most Employee-Friendly Way

02/01/2006

Due to widespread confusion over the federal military leave law, the Labor Department issued its first regulations that try to clarify the Uniformed Services Employment and Reemployment Rights Act …

Make Your Return-to-Work Requirements Reasonable

02/01/2006

Can you probe into employees’ conditions when they’re returning from medical leave? If you ask too many questions of such workers (or erect too many roadblocks to their return), you’ll risk a lawsuit. Use your right to medical certification appropriately, but don’t go overboard …

Two doctor visits during incapacity period define a serious condition

01/01/2006

Don’t assume that an employee’s three-day absence and two doctor’s visits will automatically equal a "serious health condition" that qualifies the employee for FMLA leave. A new court ruling says it matters when those two doctor’s visits occur …

Should You Give FMLA Form to ‘Ineligible’ Employee?

01/01/2006

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone that requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible. —L.P., California

Understand links between FMLA and workers’ comp

01/01/2006

Q. If an employee is out on workers’ comp due to a work-related injury that requires surgery, can we also force him to use FMLA days in conjunction with that workers’ comp leave? The workers’ comp carrier is paying the employee’s reduced wages. —B.F., Pennsylvania

Set separate notice rules for FMLA and regular absences

12/01/2005
Your organization can (and should) establish clear rules for whom employees should contact if they need time off. Those rules can specify one contact person …

You can request new certification at the start of each ‘FMLA year’

12/01/2005
A new Labor Department opinion letter clarifies that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “leave year.”

More employers are telling sick workers to stay home

12/01/2005
The problem of presenteeism, when employees come to work even though they’re sick, is an increasing concern for U.S. employers, according to a new CCH survey. Nearly half (48 percent) of …

Request certification at start of each FMLA year

12/01/2005
A new Labor Department opinion letter makes clear that you can require employees to provide new medical certification, not just recertification, for their first FMLA absences in a new “FMLA year.” …

Taking FMLA/paid leave together may forfeit attendance bonuses

11/01/2005
When employees return from FMLA leave, they should be given the same or equivalent position with equivalent benefits. FMLA regulations say that bonuses for “job-related performance, such as for perfect attendance” …