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Employment Law

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Notify ‘key employee’ right away if denying reinstatement to job

10/01/2004
Employees who take leave under the Family and Medical Leave Act (FMLA) are usually guaranteed reinstatement to their jobs. But one key exception exists: You can designate a class of highly …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Don’t let a scheduling conflict prompt reservists’ discipline, firing

10/01/2004
Run supervisors through some basic training on strict
military-leave law. Why? More than 168,000 National Guard and reservists are currently on active duty and Congress is considering changes that would …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004
Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

Learn from the big dog’s mistake; check applicants’ crime records

10/01/2004
America’s largest employer, Wal-Mart, recently announced that it will begin running criminal background checks on job candidates.
The decision comes on the heels of two incidents in which employees with …

Supreme Court starts new term; age-bias case tops slim HR agenda

10/01/2004
The U.S. Supreme Court opens its new session Oct. 4, but so far, employment issues are taking a back seat to cases ranging from juvenile executions to wine trading. Expect the …

Common small-company confusion: believing FMLA applies to them

10/01/2004
Small employers may be hurting their productivity by offering more generous family-and-medical leave benefits than legally required.
That’s the message of a new National Federation of Independent Business (NFIB) study, …

How must you accommodate people with epilepsy?

10/01/2004
About 2.3 million Americans have some form of epilepsy, which causes occasional seizures.
The Equal Employment Opportunity Commission just published a new fact sheet that explains whether epilepsy is considered …

Beware growing risk of minorities’ sex harassment claims

10/01/2004
Heads up: African-American, Asian and Hispanic women are more likely to file sexual harassment charges than in the past, according to a National Partnership for Women & Families study of data …