Practical HR Tips, News & Advice. Updated Daily.
Yesterday’s Advisor began our refresher for HR professionals calculating intermittent leave under the Family and Medical Leave Act (FMLA). Today, more tips for employers to ensure compliance with this tricky aspect of recordkeeping.
Managing leave in accordance with the Family and Medical Leave Act (FMLA) can be burdensome. Intermittent FMLA leave in particular gets a bad rap because of the hassle of recordkeeping. Is your HR department on point? We have a refresher to supplement your FMLA training.
[Go here for the first part of the discussion on pregnancy discrimination] Requiring Leave May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth? No. An employer may not force an employee to take leave because she is or […]
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]
When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be designated and will be counted as FMLA leave within 5 business days, absent extenuating circumstances. The employer is always responsible for […]
Caraway, who is a member of Miller & Martin PLLC, in the Chattanooga office, offered six tips for reducing FMLA abuse during a recent webinar sponsored by BLR. Here are tips four to six for dealing with FMLA abuse. [Go here for tips 1 to 3] Tip #4—Planned vs. Unplanned Leave It’s important to pay […]
Caraway, who is a member of Miller & Martin PLLC, in the Chattanooga office, offered six tips for reducing FMLA abuse during a recent webinar sponsored by BLR®. Here are her six tips for dealing with FMLA abuse. Tip # 1—Don’t Accept ‘Unknown’ Certs FMLA certifications (certs) are like an “FMLA prenuptial agreement,” says Caraway. […]
Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]
What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]