We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.
The former acting head of Franklin County’s emergency management agency has filed federal sex discrimination and hostile work environment charges against the county, alleging her working conditions were so severe she developed a serious health condition that required medical leave.
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?
It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.
Although they’re welcome to be more generous, employers are only obligated to provide six weeks of leave under the Minnesota Parental Leave Act
Some managers worry needlessly that any step they take after an employee complains about harassment will mean a lawsuit. But as long as you can support your disciplinary act with a good reason—and you keep good records showing how you made the decision—chances are good a court will dismiss the suit.
If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.