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FMLA

OK to enforce no-moonlighting policy against employees who take FMLA leave

04/09/2018
Nothing in the FMLA specifically prohibits employees who take FMLA leave from moonlighting for another employer. But as long as employers clearly communicate it, it’s perfectly fine to enforce a no-moonlighting policy against any employee, including those who take FMLA leave.

EEOC pursues service-related harassment

04/05/2018
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.

Understaffed HR department is no excuse for flubbing FMLA compliance

04/03/2018
Is your HR office short-handed? That could spell big trouble, especially if supervisors have to handle personnel matters without HR’s help. Short-staffed or not, make sure bosses know they must consult HR on key employment law issues.

No slack for employees who take FMLA, then get caught breaking your rules

02/20/2018

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

Employees have up to two years to file FMLA interference lawsuits

02/14/2018

Employees have up to two years after a request for FMLA leave is denied to file an FMLA interference lawsuit unless the violation was willful.

Medical leave request: Consider ADA & FMLA

02/08/2018

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

No need to engage in accommodation process if disabled employee doesn’t request help

02/07/2018

Except in very rare circumstances, an employer isn’t obligated to provide an accommodation for a disabled worker who doesn’t ask for one. Otherwise, employers would be stuck having to read their employees’ minds.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

Watch out for the hidden peril of constantly seeking new applicants

01/26/2018

Some employers like to keep résumés and applications on hand just in case they need to fill a position on short notice. But running frequent ads to generate up-to-date résumés can backfire if you end up terminating someone, even for good cause. He might try to argue that your ad proves you were planning to fire him even before the supposed triggering event occurred.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.