FMLA Guidelines — Page 90
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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.

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Issue: Employees too often see their base salary as their bottom-line compensation. Risk: Without a clear view of their total compensation package, employees become disillusioned and seek greener ...

The FMLA gives eligible employees up to 12 weeks of unpaid leave per year. Employers are free to discharge employees who cannot return to work after that time is up—that’s legal under the FMLA. But before you fill out that pink slip, consider whether the employee may be disabled under the ADA. If so, he may be entitled to more time off as an accommodation ...

You expect employees to follow your attendance and time-reporting rules and probably discipline those who don’t. But you need to know that FMLA leave can be an attendance minefield where disciplinary actions can cause great damage. Employees who allege that employers “willfully” interfered with their FMLA rights or retaliated against them for taking FMLA leave have up to three years to sue. One way to prevent the willful violation charge is to take the employee’s supervisor out of the disciplinary process ...

Q. I have a salaried employee who used all his vacation and sick time. He is allowed a total of 21 days and has used 22, but he wants to take more vacation in November and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? This may be an ongoing thing every year ...

The 4th Circuit Court of Appeals has decided that waiving employers’ past violations of the FMLA requires approval from a court or the U.S. Labor Department. That gives employees a leg up if they sue their employers for violating the FMLA. At the heart of the case is an FMLA regulation that states, “Employees cannot waive their rights under FMLA” ...

When an employee is threatening to file a lawsuit against your organization, it’s natural to feel angry, betrayed or even hurt. But don’t react. Instead, tell him that the decision is his, and you’ll treat him just the same as you always have—lawsuit or no lawsuit ...

Q. While my employees are out on FMLA leave, we pay our share of health plan premiums on behalf of them. If an employee does not return to work following his FMLA leave, can I recover those premiums directly from the employee? ...

Employees who need to take time off for serious health conditions can use both federal FMLA leave and California Family Rights Act (CFRA) leave, plus other paid leave for the absences. But employers can require employees to use their available FMLA and CFRA leaves for any eligible condition, even if the employees are off on other paid leave. That way, employees aren’t eligible for more time off after they have exhausted other leave entitlements ...

When Gov. Arnold Schwarzenegger signed California Assembly Bill 392 into law on Oct. 9, he and the legislature gave California employers only the sketchiest outline of how the new military spouse leave law will work. A few things are clear about the law, which amends the California Military and Veterans Code. First, only employers with 25 or more employees in the United States are covered ...

Q. Must an employer using the services of a temporary agency comply with the FMLA for its temporary or leased employees? ...

A recent Gallup Poll says less than one-third of U.S. employees are actively engaged in their jobs. That’s why it’s important for managers to watch for the early signs of employee disengagement and try to pull those employees back from the edge. How can you see the slide? Employees stop offering suggestions. They contribute less […]

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid leave per year for their own “serious health condition,” care of a spouse, child or parent with a serious health condition, or for childbirth or adoption.The U.S. Labor Department recently collected 15,000 public comments about the pros and cons of the law. The department may use those comments to help develop regulations that clarify the confusing parts of the law, but no regulations are imminent ...

Q. We sometimes send our employees to our company doctor. Do we have to pay employees their hourly rates for their time? Also, are we responsible for any accidents that happen on the drive? —C.C., Arizona ...

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey ...

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms ...

Family and military leave laws require Indiana employers to accommodate employees dealing with certain family problems. But the law doesn’t stick employers with an unemployment compensation bill when employees quit after their protected leave expires. Thanks to a recent Indiana Court of Appeals decision, it is now clear that voluntarily quitting to care for an ill family member does not mean the employee is eligible for unemployment compensation payments ...

Indiana has joined a growing number of states that require midsize and larger employers to provide job-protected leave to eligible employees who have family members on active duty in the U.S. armed forces and the Indiana National Guard. The law is expected to have a significant impact on Indiana employers since more than 37,000 Indiana residents serve in the military or in National Guard units. Note, though, that the deployed family member doesn’t have to be an Indiana resident ...

Q. One of our employees has a grandson who has just been called for duty in Afghanistan. She wants to take off the week before he ships out to attend a get-together in Orlando with him and other family members. She has no vacation time left, and this is a very busy season for our company. Do we have to let her go? ...

The unemployment rate is down again, and employees are saying they want more money to stay put. Maybe it’s time to brush off some of the low- or no-cost benefits we used back in the late 1990s to attract and keep good employees.

In today’s litigious environment, it doesn’t take much for a disgruntled employee to launch a class-action overtime lawsuit. In fact, such litigation is sweeping the country—and costing employers millions of dollars. That’s why conscientious employers act fast to stamp out a dangerous and illegal practice: managers altering pay records to avoid paying overtime. If you catch managers cooking the payroll books, punish them promptly ...

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