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FMLA

Ask on-Leave employees to tell you when they’ll return

09/01/2003

Q. Is it legal to require that employees on FMLA leave report to us regularly on their plans to return to work? —P.R., New York

Treat FMLA policy changes with care, communication

08/01/2003

When establishing or changing your Family and Medical Leave Act (FMLA) policy, make sure you include it in your employee handbook. Don’t rely on references to the policy outside the book, and don’t attach or staple the policy separately.

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Stop FMLA moonlighters with strict ‘no moonlighting on leave’ policy

07/01/2003
It seems crazy that your employees can use their allotted 12 weeks of annual job-protected leave under the Family and Medical Leave Act (FMLA) to work at a second job. But …

FMLA: State workers can sue for FMLA violations, too.

07/01/2003
In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family …

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …