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FMLA

DOL initiating more FMLA enforcement

03/07/2016
You don’t have to be sued to lose an FMLA case.

Can you ban workers from moonlighting during FMLA leave?

03/03/2016
It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.

FMLA: Notice Requirements

02/15/2016
HR Law 101: Employees who want to take FMLA leave must give their employer 30-day advance notice when the need for leave is foreseeable. Employers should respond in writing within five business days to their leave requests …

Postpone discipline while awaiting FMLA certification

02/10/2016
It can take a long time to process an FMLA request, especially if the employee doesn’t promptly respond to demands to provide medical certification of the need for leave.

FMLA case: Your hands could be tied for years

02/04/2016
A federal court has issued an injunction preventing an employer from firing a worker seeking to take FMLA leave until the litigation ends. That could take years.

Feds target no-fault attendance

01/08/2016
No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. But the FMLA and ADA require employers to know why an employee was absent, so the “hear no evil” approach can’t work.

Light duty essentially admits FMLA eligibility

01/06/2016
When an employee returns from FMLA leave and his employer assigns him to light-duty work, that is basically an acknowledgment that the employee has a serious health condition incapacitating enough to interfere with performing an essential job function. The employer can’t later challenge that part of FMLA eligibility.

Investigation reveals bogus use of FMLA leave? You can and should discipline employee

01/04/2016
Some employees seem to think that if they are approved for FMLA leave, their employers have to accept their time off as legitimate. That’s true to a point. But it doesn’t mean employers can’t ferret out leave abuse if they have reason to believe the employee isn’t being honest.

Texas Supreme Court says neutral leave policy OK

01/04/2016
The Texas Supreme Court has vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer.

FMLA leave may be ADA accommodation

01/04/2016

Here’s something to remember when an employee claims she has a disability that interferes with her ability to work overtime or even a full day. You can offer intermittent FMLA leave as a reasonable accommodation rather than restructuring the job or transferring the employee to another open position. Remember, the employer, not the employee, gets to pick the ADA accommodation.