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FMLA

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Job Stress Can Count as FMLA-Eligible ‘Serious’ Condition

03/01/2007

A court has ruled that an employee’s inability to go to work due to stress and anxiety about a pending termination or other performance issues may be considered a “serious health condition” under the FMLA …

How to comply with state’s new Mental Health Parity Law

03/01/2007

Shortly before leaving office, Gov. Pataki signed New York’s Mental Health Parity Law, which requires insurers to provide mental health benefits in all health insurance policies issued in the state …

Reservists’ COBRA, FMLA Rights

02/28/2007

HR Law 101: The Uniformed Services Employment and Reemployment Rights Act protects reservists when they’re away from work for extended periods. Reservists on active duty can maintain health insurance coverage by electing COBRA continuation. Employers must also count time spent on active duty toward the calendar and hour requirements for coverage under the FMLA …

FMLA: Scheduling Foreseeable Leave

02/13/2007

HR Law 101: The FMLA allows employers to negotiate with employees about the time when they are going to take time off when the leave is foreseeable. The law says that employees should schedule their leave “so as not to unduly disrupt the employer’s operations” …

FMLA: Intermittent Leave

02/13/2007

HR Law 101: Generally, the FMLA entitles employees to take intermittent leave for medical treatment or other medical reasons, whether it’s for the employee or a family member. But there’s the potential for abuse when employees take intermittent leave … 

FMLA: Paid vs. Unpaid Leave

02/13/2007

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …

You must continue health insurance benefits during FMLA leave

02/13/2007
The same services your group plan provides to on-the-job employees must be available to those on FMLA leave.

FMLA: Reinstating Workers After Leave

02/12/2007

HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority …

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …