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FMLA

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.”

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” …

Make sure return-to-work requirements are reasonable

11/01/2005
When employees return from leave for an FMLA-covered illness or ADA-related disability, you naturally want to make sure they’re ready to resume work. After all, if problems linger, you may want …

Denying leave may be legal, but unwise, for small firms

11/01/2005

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

You can’t ask employees to sign away FMLA rights

10/01/2005
Issue: Severance packages usually ask departing employees to waive their rights to file various employment lawsuits.
Risk: If you include FMLA in that mix, you’ll risk having the whole package …