Leave

What are the rights of an employee who wants leave to care for his pregnant girlfriend?

03/09/2010

Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?

Follow 4 keys to legally manage employee absenteeism

03/04/2010

The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What’s the best way to combat the problem? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Warn bosses: Do nothing that discourages FMLA leave or punishes those who take it

03/04/2010

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

Leave exhausted? Set strict standards for further absences

02/22/2010

Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working? You can and should set strict standards for further leave.

FMLA: Revised Regulations

02/19/2010

HR Law 101: The U.S. Department of Labor’s revised FMLA regulations took effect Jan. 16, 2009. Here’s a summary of the most important changes.

Not rehiring FMLA leave-taker? Document why

02/16/2010

Employees who run out of FMLA leave and are fired under a policy requiring mandatory dismissal for excessive absences may be invited to apply for other open positions when they recover enough to work. Be careful how you handle those reapplications, especially if one of the terminated employees was off because she was pregnant and ran out of leave before being able to return.

Your 10-step plan for sniffing out suspicious FMLA requests

02/12/2010

Interested in combating potential FMLA fraud? The best way to keep employees from gaming FMLA leave is to use the law’s medical certification process. To make sure employees take only FMLA leave to which they are entitled, follow these 10 steps:

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

ADA: Accommodate fertility treatment, adoption

02/09/2010

Employees who suffer from an impaired ability to become pregnant are disabled under the ADA. Since childbearing is a major life activity, conditions that interfere with it qualify as disabilities. That means that employees who are infertile or have low fertility may be entitled to time off as a reasonable accommodation.

RIF? Make sure layoff decision-makers don’t know workers’ FMLA status

02/03/2010

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage …