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Leave

Indefinite leave is not a ‘reasonable accommodation’

08/01/2003
Issue: How long must you accommodate medical-related leaves of absence?
Benefit: Court rulings give you legal backing to draw a line in the calendar.
Action: Don’t let employees …

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Stop FMLA moonlighters with strict ‘no moonlighting on leave’ policy

07/01/2003
It seems crazy that your employees can use their allotted 12 weeks of annual job-protected leave under the Family and Medical Leave Act (FMLA) to work at a second job. But …

FMLA: State workers can sue for FMLA violations, too.

07/01/2003
In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family …

Comp-time reform bill dealt
major setback in Congress

07/01/2003
Legislators shelved a bill last month that would allow private-sector companies to offer compensatory time to employees in lieu of overtime pay, due in large part to intense protests from organized …

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …