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All staff on payroll count toward FMLA threshold

01/01/2005

Q. We’re a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina

You can offer, but not force, light duty as an option for FMLA leave

12/01/2004
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. But, as the following case shows, you can …

Sick-leave ‘buyback’ compensation should count toward overtime tally

12/01/2004
Under the Fair Labor Standards Act (FLSA), you must pay employees time-and-a-half overtime pay based on the workers’ “regular rate of pay.” That regular rate includes the person’s salary or wages, …

Reinstate employees right after leave; don’t delay

12/01/2004
Issue: Employees’ right to immediate reinstatement when returning from leave covered by the Family and Medical Leave Act (FMLA).
Risk: Any delay in returning employees to their jobs after FMLA …

Tell ‘key employees’ right away if denying job reinstatement

11/01/2004
Issue: FMLA lets you deny post-leave reinstatement, in some situations, to highly paid “key employees.” Benefit: That provision can shelter your organization from …

Start ‘leave meter’ running at first absence

11/01/2004
Issue: When does FMLA leave begin? How soon do you need to notify employees on leave? Benefit: A new court ruling clarifies that those 12 weeks begin with the first …

Combat absenteeism caused by flu-shot shortage

11/01/2004
Issue: Experts are predicting a sharp rise in flu victims this winter due to the unexpected shortfall in flu vaccines. Risk: More absenteeism and …

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Notify ‘key employee’ right away if denying reinstatement to job

10/01/2004
Employees who take leave under the Family and Medical Leave Act (FMLA) are usually guaranteed reinstatement to their jobs. But one key exception exists: You can designate a class of highly …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …