"The Intersection of Worker's Compensation Benefits and FMLA Leave" - Podcast No. 12

Posted by Bill Pokorny on May 27, 2010
Administering worker’s compensation benefits in conjunction with FMLA leave can create issues that trip up even the most experienced HR professional. This month’s podcast addresses common issues that arise when worker’s compensation leave intersects with FMLA leave, such as:
  • Can an employer run FMLA leave concurrently with a worker’s compensation absence?
  • Can an employer exhaust accrued paid leave while the employee is out on worker’s compensation and FMLA leave?
  • How does light duty affect an employer’s ability to administer FMLA leave?

Missing Certification Is Not "Incomplete"

Posted by Bill Pokorny on May 27, 2010

If the need to keep careful track of FMLA paperwork was not already obvious, a recent decision from a federal district court in Ohio emphasizes the perils of misplacing an employee's FMLA certification. Wellman v. Sutphen Corp.

Read on to find out how to avoid the same mistakes.

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Employer Properly Demoted Employee Upon Return from FMLA Leave

Posted by Jeff Nowak on May 26, 2010

All too often, employers are criticized for blunders they could have avoided when taking disciplinary action against an employee with a medical condition.  However, a recent federal appellate court decision provides a glowing example of how an employer got it right when it disciplined an employee upon her return from leave under the Family and Medical Leave Act. 

Last month, the 11th Circuit Court of Appeals found that a drug company did not violate the FMLA when it demoted a top-level executive upon her return from maternity leave for performance deficiencies unrelated to her FMLA leave.  Schaaf v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline (pdf).

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