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Can we request FMLA recertification for each migraine?

06/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reasons for the absences? Can we ask for information each time the employee is absent?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

Suspect FMLA leave abuse? Tread carefully

06/12/2009

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

Does the Lilly Ledbetter Fair Pay Act protect employees other than women?

06/12/2009

Q. Carlos, a longtime Latino employee, frequently complains that he is paid less than his white, non-Latino counterparts. He blames this pay discrepancy on a previous supervisor who allegedly denied him several promotions in the late 1990s because of his national origin. I have heard about the Lilly Ledbetter Act. Could it affect us in this case?

How to handle habitually late workers

06/09/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

The baby’s on the way! How much FMLA leave do unwed new parents get?

06/09/2009

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Supreme Court decides Hulteen pregnancy discrimination case

06/08/2009

Claims of pregnancy discrimination have gained attention again with the U.S. Supreme Court’s recent decision in AT&T Corp. v. Hulteen. In light of the decision, now is the time to conduct an audit of your practices, policies and plans to make sure they comply with the  Pregnancy Discrimination Act ’s requirements.

Control costs with furlough strategy that’s flexible, fair

06/05/2009

If your organization is limping through the economic downturn, you’ve no doubt considered cutting down your labor burden to save money. Before you resort to radical surgery—in the form of layoffs—consider a more benign cure that increases the odds of a full recovery. Furloughs—requiring staff to take unpaid time off—can reduce payroll costs without inflicting long-term damage.

HR groups fire back at mandatory sick leave legislation

06/05/2009

Congress is considering legislation that would require employers with 15 or more workers to provide seven days of paid sick leave per employee per year, an expansion of the FMLA that a coalition of HR and business groups immediately decried.