05/16/2008
Q. We recently learned that a new law was passed allowing the spouses of military personnel to take unpaid leave. Is this true? ...
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05/15/2008
Q. I’m confused about medical certifications and employees who don’t want to use FMLA leave. Can I, if I believe the employee is out for an FMLA condition, force him to take FMLA leave? — A. B., Florida ...
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05/15/2008
Q. I’ve heard that if both parents work for the same company and they have a child, they’re only allowed to take a combined 12 weeks of FMLA leave. Is that true? — J.S., Pennsylvania
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05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap ...
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05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified ...
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05/14/2008
Both Illinois and federal laws require employers to let their employees off for jury duty. Additionally, employers may not penalize employees for serving on a jury. No matter how obvious this is, every now and then, employers try to get back at employees who perform their civic duties. It never works ...
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05/13/2008
Q. We are a small shop with 15 employees. One of our full-time employees who has been with us for more than five years recently announced that his wife is pregnant. He requested eight weeks’ leave after the baby is born. Are we required to give him this leave? ...
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05/09/2008
Q. We lease some of our workers from an agency. The agency handles all personnel needs of its employees, but our supervisors provide day-to-day direction to the workers. One of our agency employees, Jane, informed the agency that she was taking FMLA leave for her pregnancy. While Jane was out on leave, the agency supplied us with a replacement, Mary. Jane’s FMLA leave is over, and the agency wants to send her back. We would prefer to keep Mary. Does the FMLA oblige us to let Mary go and bring Jane back? ...
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05/07/2008
For determining reinstatement rights under the FMLA, it’s the job the employee was in at the time she began her FMLA leave that counts. As long as the job she returns to is substantially equivalent, it does not matter that the job may be below her capacities and educational background ...
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05/06/2008
Q. We recently could not reach an employee who works off-site. Then we learned he was responding to customer messages by saying he was on vacation. After we learned this, he contacted his supervisor and said he had been on vacation and would be on vacation the rest of the week. His supervisor reports that he had not requested vacation time beforehand—and our policy states that vacation time must be preapproved. This employee had been a marginal performer, and now his supervisor wants to fire him. Can we fire him for this? ...
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05/05/2008
An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. That’s one good reason for justifying all employment-related decisions ...
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05/02/2008
What if you want to challenge an employee’s FMLA certification later—after you find out he’s been working elsewhere while on FMLA leave, for example? Are you stuck because you didn’t ask for a second or third medical opinion?...
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05/02/2008
You wouldn’t dream of having informal payroll policies, right? Yet too many employers treat vacation time—a form of compensation—as a casual entitlement. Getting too informal can cost you. A sound vacation policy addresses the following five elements ...
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05/02/2008
New Jersey has become the third state to adopt paid family leave. The law will allow workers to take up to six weeks of paid leave to care for newborns, newly adopted children or sick relatives. Workers, who will pay for the benefit through payroll deductions starting Jan. 1, will be entitled to two-thirds of their salary ...
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05/02/2008
Organizations with wellness programs report fewer sick days among participants, according to PreventDisease.com...
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