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FMLA

What’s the best way to legally limit the length of leaves of absences?

02/02/2009

Q. How do we handle an employee who is on an indefinite leave of absence and does not know when he will be able to return to work?

Avoiding employee lawsuits: 5 lessons from the court

01/27/2009
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OK to transfer worker on FMLA intermittent leave, as long as compensation remains same

01/27/2009

The FMLA allows employers to move employees taking intermittent leave to positions that make it easier for the employers. If you do so, just make sure that the temporary position has equivalent pay and benefits. It does not have to have equivalent duties.

Accept worker-provided FMLA form, then question the content

01/27/2009

These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an FMLA certification form online and used it.

Settling FMLA case? Prepare to prove it’s a fair deal

01/27/2009

Chances are that a court won’t approve an FMLA case settlement unless the employer can show that the amount it is paying the employee isn’t less than the cost to comply would have been in the first place.

Patience key when you think worker won’t return from FMLA

01/27/2009

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Understand NJLAD’s broad definition of ‘handicapped’

01/27/2009

Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination. The fact is, the NJLAD is far more generous in its definition.

Download the new FMLA poster, certification forms

01/27/2009

The new FMLA regulations that took effect Jan. 16 require you to post the newly updated FMLA poster in your workplace. Advice: Ignore ads from vendors selling the posters. Download them free …

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.