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Leave

What are the rules? I’m afraid we wrongly denied an employee’s FMLA leave request

09/03/2010
Q. An employee worked for us for years, took four years off to have a child and was rehired nine months ago. She asked for time off because her child needed surgery. We refused because we thought she was not FMLA-eligible. After we terminated her for an unauthorized leave of absence, we received a nasty letter from her attorney threatening to sue us for violating her rights under the FMLA. Who’s right?

How should we get medical information for certifying the need for FMLA leave?

09/03/2010
Q. Is there any help you can provide on how we should obtain medical information from employees taking FMLA leave?

What are Ohio’s rules on military leave?

09/03/2010
Q. An employee recently requested a leave of absence because her husband left for Afghanistan. We denied her request. Now, I’m worried that we may have acted wrongly. Did we?

When duty calls: Don’t interfere with employees’ jury duty

09/01/2010
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.

Employee called to jury duty? Different leave rules apply for federal, state courts

08/31/2010

The Jury Systems Improvement Act, a federal law, says employers can be held liable for terminating or intimidating employees because of their service on a federal jury. Most states also set their own rules regarding employee leave for state and local jury duty. Bottom line: Draft a policy that explains leave protections for jury service in both federal and state courts.

After FMLA leave, you can require workers to provide back-to-work fitness certification

08/31/2010
Many employers have a standard policy that requires employees returning from sick leave to prove that they’re fit for work. If you have such a policy—and you apply it consistently—you can also require employees who use FMLA leave to provide the same certifications.

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

FMLA eligibility: DOL expands definition of ‘son and daughter’

08/25/2010
The U.S. Department of Labor recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.

Does the FMLA apply when an employee has to care for a child she isn’t related to?

08/18/2010
Q. We have an employee who cares for a child but does not have a legal or biological relationship to the child. The employee wants to take a child-related leave under the FMLA. Is she eligible?