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FMLA

Don’t extend disciplinary periods due to FMLA or military absences

02/01/2005
When employees are covered under the Family and Medical Leave Act (FMLA) or military-leave laws, you’re not allowed to count their legally protected absences in any negative way.
Pay special …

Offer, don’t force, light duty as option for FMLA leave

02/01/2005
Issue: Court ruling says employees can perform light-duty work during their FMLA leave.
Benefit: In such cases, time spent on light-duty work would count toward the employees’ 12-week FMLA allotment …

Workers’ comp leave doesn’t stop ‘FMLA clock’

01/01/2005

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

All staff on payroll count toward FMLA threshold

01/01/2005

Q. We’re a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina

You can offer, but not force, light duty as an option for FMLA leave

12/01/2004
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. But, as the following case shows, you can …

Reinstate employees right after leave; don’t delay

12/01/2004
Issue: Employees’ right to immediate reinstatement when returning from leave covered by the Family and Medical Leave Act (FMLA).
Risk: Any delay in returning employees to their jobs after FMLA …

Return employees to their jobs promptly after FMLA leave

11/01/2004
When employees tell you they’re ready to return from leave taken under the Family and Medical Leave Act (FMLA), restore their jobs as soon as possible. Once employees are capable of …

Tell employees to read each form; don’t summarize

11/01/2004
Issue: The danger of telling employees “Don’t bother reading that; it probably doesn’t apply to you.” Risk: Courts may view your action as a cover-up, sparking …

Tell ‘key employees’ right away if denying job reinstatement

11/01/2004
Issue: FMLA lets you deny post-leave reinstatement, in some situations, to highly paid “key employees.” Benefit: That provision can shelter your organization from …

Start ‘leave meter’ running at first absence

11/01/2004
Issue: When does FMLA leave begin? How soon do you need to notify employees on leave? Benefit: A new court ruling clarifies that those 12 weeks begin with the first …