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FMLA

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Carefully consider FMLA request to prevent double damages

02/01/2008

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave …

Refusing to return from leave

02/01/2008

Q. A worker who was injured on the job but now is better is refusing to return from leave. What can we do? …

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

Colorado’s Leave Laws

02/01/2008
All Colorado employers, both public and private, must provide limited paid leave to workers called for jury duty and must allow time off for workers to vote. Additionally, state employees are entitled to family and medical leave as well as paid leave for organ donation and disaster services work …

Minnesota Leave Laws

02/01/2008
Minnesota employees have enhanced parental leave options beyond what the federal FMLA provides. Additionally, all Minnesota employers must provide paid time off to allow workers to vote and unpaid leave for jury duty …

FMLA leave for military families: What you need to know about new rules and poster

01/29/2008

For the first time, the FMLA has been amended—a brand new law grants family members of military  men and women special FMLA leave rights.

‘Possibility’ of serious illness triggers FMLA protection

01/22/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Veto blocks expansion of FMLA to military families—But not for long

01/03/2008

After passing the first-ever amendments to the FMLA, Congress left Washington in late December confident that President Bush would sign off on the provision. But he didn’t. Now Congress vows to address the issue again later this month.

Require use of vacation time if you know FMLA doesn’t apply

01/01/2008

Employers don’t have to allow employees to take sick or FMLA time just because they claim minor health problems. If you are certain that an illness or injury doesn’t amount to a serious health condition as defined by the FMLA, then there is no reason to run the time against FMLA or sick time …