Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.
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.
As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.
Q. What are the deadlines for paying employees who are terminated or resign from employment?
Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?
You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.
Q. Can our employee take FMLA leave without first giving us notice that she needs leave?
Employees who sue under the FMLA for alleged interference with the right to take covered leave can’t throw in an additional claim for wrongful termination under state common law. That’s because North Carolina allows wrongful termination claims only in very limited circumstances ...
It’s not surprising that employees and employers can view the same circumstances differently. Consider, for example, the following case, in which an employee thought she had been replaced and promptly left. She was entitled to unemployment compensation based on her reasonable belief that she had been fired even though her employer never told her so.
Question: “I’m wondering how other companies handle this situation: A worker is out on vacation leave (paid) and she gets sick during some of the vacation. Do companies allow employees to exchange those vacation days for sick days and let the worker take the vacation days another time?” — Belinda
Here's a round-up of HR advice to heed as the holidays roll around. Click on the links below for answers to holiday questions posed by our readers, as well as a slew of tips to keep things festive without finding a subpeona in your stocking: