The author cites a recent court decision in which the court ruled that email is not a viable means of certifying that an employee received a notice of FMLA certification. He says this sets a troubling precedent and describes the problems he believes the case will present for federal managers.
Historically, federal agencies have used what is known as the “mailbox rule.” This maxim provides that if a notice or letter is properly addressed and duly mailed, it is presumed to have arrived at the mailing address in due course. However, the author cites cases which illustrate that this does not always work out as an agency would expect.
Leave abuse and attendance problems can harm an organization. The author says that these problems mostly lie with management and offers some suggestions for how to deal with the problem. He also analyzes the history of some related MSPB cases for precedent on leave issues.
Managing leave and attendance problems has always been challenging for supervisors, and with reductions in federal spending, the author says they are being challenged now more than ever. He outlines some basic principles managers should know when addressing leave and attendance issues.
Unions have a “duty of fair representation” to those who do not pay dues. The taxpayer should not foot the bill for union representation. Perhaps Congress should require federal employees who are part of the bargaining unit to pay union dues.
The author analyzes a recent case involving the EEOC which is being hailed as an important decision against what he calls “over-zealous prosecution by government entities.” He says it is evidence that adoption of a legal system under which the losing party pays the other party’s legal fees would be beneficial.
Is your workplace one that is soaring with eagles (high performers), or overrun with turkeys (low performers)?
The author says that documentation of employee actions and discussions is critical for managers, especially in situations involving discipline or removal.
Congress enacted the Family and Medical Leave Act (FMLA) in 1993 to allow employees the time to balance their career requirements and to attend to their own serious health issues. What impact does the recent Supreme Court ruling on DOMA have on FMLA?
The author says that FMLA is not an anti-discrimination law, it is an entitlement law and a very complex one. He walks through some hypothetical scenarios to help explain some of these complexities.
