Tag: Leave Management

When Handing Out Severance Pay, Don’t Forget Employees on Leave

If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

Sudden discovery—Employee on FMLA Wasn’t Doing the Job

Yesterday’s Advisor answered three tricky “during leave” FMLA questions. Today, the challenge of suddenly discovered performance issues, plus an introduction to the book users call “The FMLA Bible.” Note: Today’s questions and answers are adapted from an HR Hero publication, Mastering HR: FMLA. What if we discover a previously unknown performance issue while an employee […]

Can Benefits Bills Distract Congress from Debt Acrimony?

This summer, the U.S. House and Senate took a break from its floundering over debt and deficits to consider a few measures affecting employee benefits. Perhaps it was refreshing, spending at least a little time thinking about something else. Let’s take a look at the latest House and Senate bills that could affect employee benefits. […]

Houston, We Have an FMLA problem …

Basic FMLA is hassle enough, but employees keep finding new ways to make FMLA compliance just a little bit harder. Today, answers to tricky “during leave” FMLA issues. What if I find out that an employee is working another job or has been interviewing or inquiring about other jobs while on leave? There is no […]

Using Attendance Policies to Minimize Chronic Absenteeism at Work

by Joseph C. Pettygrove Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday […]

Express Yourself! Employers Must Give Women Breaks to Breastfeed

One of the odder add-ons to the health care reform law requires employers to provide nursing mothers with unpaid “reasonable break time” each work day to express breast milk for up to one year after a child’s birth. Section 4207 of the law amends the Fair Labor Standards Act (FLSA) to require employers to provide […]

Tip Nine: Find Patterns

-Look for obvious abuse patterns, such as the “Monday/Friday syndrome. You are entitled to ask for recertification of a claimed medical problem if “the employer receives information that casts doubt on the stated reason for the leave,” say the regulations. A Monday/Friday absence pattern is considered evidence to cast that doubt, and you can bring […]

Tip Eight: Transfer the Employee

–Transfer the employee to a position where absences are less disruptive. The law permits this, as long as pay and benefits remain equivalent to the previous job. Go to Tip Nine

Tip Seven: Set a Schedule

–Insist that the employee work with you in setting up a schedule that includes as many treatments as possible in off-work hours. Go to Tip Eight