It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.
FMLA Guidelines
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.
The 350 employees who work for nine Monarch Bank branches in in Virginia call in sick no more than a collective 10 days a year. That wasn’t always the case. Until five years ago—when bank execs combined sick leave and vacation time into a use-it-for-anything paid-time-off (PTO) bank—each employee was far more likely to use all of his or her 10 paid sick days rather than forfeit them.
Both the ADA and the FMLA have strict requirements for how employers must handle employee’s confidential medical information. HR professionals must know these rules to comply with both laws—and to avoid expensive legal liability for failing to do so. Here are the details you need.
The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.
The Florida Legislature and Gov. Charlie Crist have given members of the uniformed services—and especially National Guard members—some new and improved employment rights under the Florida Military Affairs Act. They come in the form of amendments to Chapter 250 of the Florida Statutes, which includes the Florida Uniformed Servicemembers Protection Act.
Q. Are we obligated to provide paid leave so one of our employees can attend a mandatory school meeting concerning his child?
Employees who think they’ve suffered discrimination sometimes have a hard time finding a lawyer to represent them. Then, instead of accepting that maybe they don’t have a case worth pursuing, they file their own suits and try to represent themselves. Take those cases seriously.
Employees who are unable to perform anything but sedentary work may be disabled under the ADA. That means employers may have to find ways to accommodate them, including finding open positions for them to fill elsewhere within the company.
Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.
Performance improvement plans (PIPs) are great tools to help underperforming employees come up to standards. But some employees think they can file a lawsuit anytime they are placed on a PIP or are justified in quitting. As the following case shows, that’s not necessarily true.
