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FMLA

Is it legal to ask departing workers to waive FMLA claims?

11/12/2008

Q. In our severance agreements, we typically require a terminated employee to waive all claims, including FMLA claims that could have arisen while the employee worked for us. I’ve now heard that it is improper for employers to get waivers of FMLA rights from existing employees. What should we do?

New FMLA regs one step closer to final approval

11/11/2008

The U.S. Labor Department is set to implement the first major revision of the FMLA since the law was passed in 1993. If approved, the proposed changes could help employers administer the complex 15-year-old law and avoid lawsuits. But the proposal carries a few extra burdens for employers, too.

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Any way to demand repayment of health insurance premiums?

11/10/2008

Q. We have an employee who failed to return from an FMLA leave of absence. During the leave, we had been paying our customary share of her medical insurance premiums. Is there anything we can do to recoup the expenses we paid for this employee?

We’re going to be slammed this month! Must we let employee remain on FMLA leave?

11/06/2008

Q. One of our employees hurt her back lifting boxes. She has been off work for several weeks. We have been counting her absence against her FMLA entitlement. She was scheduled to return to work recently, but she now tells us the healing will take longer than expected. December is our busiest time of the year! Must we continue giving her leave?       

May we replace an employee on FMLA leave?

11/06/2008

Q. We have an employee on FMLA leave. Can we replace her and find a different job for her when she returns?

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

What should we do once an employee exhausts FMLA leave?

11/06/2008

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?