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Give benefit of doubt to panicked workers who take sudden FMLA leave

02/12/2009

The FMLA grants eligible employees the right to take time off to deal with their own or a covered relative’s serious health condition. What has been unclear until now is what happens when an employee rushes to the emergency room believing a true medical emergency exists, only to find out that the condition was less serious than originally believed.

Don’t change job duties on return from FMLA leave

02/12/2009

Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Don’t grant ‘FMLA leave’ if you’re not covered

02/02/2009

Employees who are promised they can take “FMLA leave” may have a claim against an employer even if it turns out the company isn’t required to comply with the FMLA because it has fewer than 50 employees. Employees can argue that the employer misled them, and that the company should therefore be required to comply with the FMLA.

What’s the best way to legally limit the length of leaves of absences?

02/02/2009

Q. How do we handle an employee who is on an indefinite leave of absence and does not know when he will be able to return to work?

OK to transfer worker on FMLA intermittent leave, as long as compensation remains same

01/27/2009

The FMLA allows employers to move employees taking intermittent leave to positions that make it easier for the employers. If you do so, just make sure that the temporary position has equivalent pay and benefits. It does not have to have equivalent duties.

Patience key when you think worker won’t return from FMLA

01/27/2009

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Gear up for New Jersey’s new paid family leave law

01/27/2009

By now, you have started withholding 0.09% of your employees’ pay, up to a total of $26.01 for the year, for New Jersey’s new Paid Family Leave Insurance program.

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

What’s your duty to accommodate domestic violence victims?

01/16/2009

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.