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FMLA

Do you work for a state agency? Know FMLA’s limitations on leave for self-care

11/30/2010
Because of a bedrock Constitutional principle, a court has ruled that the FMLA does not cover state government employees who want to take time off due to their own illness. Based on this decision, state employees can only use FMLA leave to care for others.

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of paid leave. Is it legal to keep her from taking paid time off to care for her husband?

Warn bosses: Beware discouraging leave requests

11/24/2010

Whether it’s intentional or not, some supervisors send unmistakable signals that their subordinates had better not take time off unless it’s absolutely necessary. That can mean trouble. Employees who are too scared to ask for leave may later turn around and sue, alleging a deliberate effort to discourage them from taking advantage of the FMLA.

Show good-faith ADA accommodation effort by documenting interaction with employee

11/11/2010

Employers and disabled employees both have an obligation to act like adults when coming up with possible reasonable accommodations. Each side has to listen to the other and consider different viewpoints and potential accommodations. Neither party should walk away in a huff. Be smart: Carefully track the accommodations process.

How to Collect Employee Medical Info Under New FMLA Rules

11/10/2010
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Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010
Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Don’t expect heroic catch-up after FMLA leave

11/08/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if there was no plan in place to pick up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Employment law 101: Beware firing immediately after employee returns from FMLA leave

11/05/2010
If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.

You can add new rule during medical leave

11/05/2010
It’s OK to change work rules while an employee is out on FMLA or other medical leave. It’s legal, as long as the rule applies equally to every similarly situated employee.