Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.
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.
Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.
It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who ever said a government form was easy, much less an immigration-related form. Here are the most common mistakes employers make.
Q. Our pay stubs currently list employees’ available vacation, sick and other leave hours. Our new software allows employees to log in and check that balance anytime. Can we eliminate that information from the pay stubs?
Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.
Q. I read the article last month (“Follow 5 steps to make sure GINA doesn’t trip you up”) regarding the recent passage of the Genetic Information Nondiscrimination Act. What should we do to make sure that we are not violating this law?
If an employer has to downsize due to economic conditions, employees who are out on FMLA leave aren’t immune. They can be included in the reduction in force as long as their FMLA status isn’t used as a factor. But employers have to be careful—it will look suspicious if the only employee laid off happens to have been out on FMLA leave or just returned from it.
Interested in combating potential FMLA fraud? The best way to keep employees from gaming FMLA leave is to use the law’s medical certification process. To make sure employees take only FMLA leave to which they are entitled, follow these 10 steps:
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.
Q. Before an employee left for FMLA leave, she performed two functions: administrative assistant and some HR duties. We filled the administrative position while she was on leave. Can we assign her to work only in the HR position when she comes back?