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Leave

Does the FMLA grant leave for foreign adoptions?

04/14/2011
Q. One of our employees is adopting a 5-year-old Ethiopian child and has asked for leave to travel to complete the adoption and bond with the child when they return to Minnesota. Does this count as FMLA leave, since it is not leave within the first year of the child’s life? If it does, is the travel time eligible for FMLA leave?

Grant FMLA leave for pregnancy-related conditions

04/14/2011
Many employers think expectant ­mothers can take FMLA leave only for childbirth and baby bonding. They don’t realize that any medical appointments and pregnancy-related illnesses are also eligible for FMLA leave.

Work with your attorney to preserve evidence

04/14/2011

These days, much of the evidence used in employment litigation is electronic—such as attendance records. Courts require employers to preserve such evidence when employers reasonably know that a lawsuit could arise. If evidence is destroyed, courts can impose heavy financial sanctions and even hand a win to the other side without a trial.

How not to handle FMLA leave: Do what Chicago did to a seriously ill employee

04/14/2011
Here’s a chance to learn from an employer’s FMLA mistakes. Don’t make the same ones yourself.

U.S. trails the world on paid maternity leave

04/14/2011
You can count the number of nations lacking a definitive law providing paid maternity leave on one hand—and still have two fingers left over. Guess what. One is the United States. That’s what Human Rights Watch found when it studied family leave practices worldwide.

How to ensure your employee handbook supports FMLA compliance

04/12/2011
Employers are free to develop their own policies, but many laws have an absolute mandate—you must ensure employees receive proper notice of your policies. That’s why the FMLA section of your handbook is so important. Here’s your roadmap to full compliance with the FMLA’s notification requirements.

Offer FMLA, but still enforce attendance rules

04/06/2011

Employees occasionally have to step in on short notice to help care for a family member and may legitimately need FMLA leave to handle those responsibilities. Go ahead and suggest FMLA time off. However, until the employee takes you up on the offer, you can hold her to your regular attendance policy.

States consider letting employers offer comp time

04/01/2011
For years, business groups have unsuccessfully lobbied Congress to give employers the option to substitute compensatory time off for overtime pay—an option currently allowed for public employers. Now, some state legislatures are taking up the cause.

Boss nagging employee about FMLA leave? Prepare for lawsuit

03/31/2011
Short staffing makes management difficult. When an employee is out on medical leave, others have to pick up the slack. Still, remind supervisors that they can’t push employees who are out on FMLA leave to perform work while on leave. They also can’t ask employees to return early from FMLA leave. Either one is just asking for legal trouble.

Worker returning from FMLA leave? You can refuse to reinstate

03/31/2011
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.