Leave

Returning temps and the FMLA: What are our obligations as the client company?

05/06/2010

Q. A staffing agency has informed my company that a temporary worker who was previously assigned to us is returning from a leave under the FMLA. What are our obligations to this individual?

5 tips to avoid this summer’s legal hazards

05/04/2010

Different seasons usher in different employment law risks. Employment law firm Fisher & Phillips offers this five-point to-do list to get ready for the coming summer months.

Tighten up your attendance policy or risk unemployment comp hit

05/04/2010

Here’s added incentive to have crystal-clear attendance policies: Employees who are terminated for violating unclear or confusing attendance rules may end up collecting unemployment compensation. Here’s why: In many states, former employees can successfully argue that they were terminated through no fault of their own if they can show that the attendance policy was difficult to understand and comply with.

Absent-minded employees: The 4 key steps to get absenteeism under control … legally

04/29/2010

The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What’s the best way to combat the problem? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Can we require women to repay maternity leave benefits if they quit before returning to work?

04/28/2010

Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?

Is paid family leave in New Jersey on last legs?

04/23/2010

A bill before the Legislature proposes to abolish the state’s paid family leave and deposit funds now kept in the state’s Family Temporary Disability Leave Account into the unemployment compensation insurance fund.

More leave after FMLA leave?

04/19/2010

Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?

DLSE issues opinion letter on partial-day absences

04/19/2010

The California Division of Labor Standards Enforcement (DLSE) has issued an opinion letter stating that, although employers may not deduct from exempt employees’ salaries for partial-day absences, they may make deductions from employee leave balances in accordance with the employer’s bona fide leave policies.

Feel free to impose legitimate discipline, even if employee is out on FMLA leave

04/15/2010

The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.

Can we force employees to use vacation days as part of military leave?