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Employment Law

Don’t mess with FMLA’s leave restrictions

01/01/2004
Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …

Intentional ill will can lead to punitive damages

01/01/2004

Q. We’re being sued for discrimination. What circumstances would open us for punitive damages? —L.C., Massachusetts

Steer clear of these 7 red flags before you terminate

01/01/2004
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Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …

4 Tips for Choosing a Long-Term Care Insurance Plan

01/01/2004

Long-term care (LTC) insurance can offer a low-cost way to upgrade employee benefits. The benefits: reduced absenteeism due to employee caregiving duties and  tax benefits for some employers. Use these four strategies to decide whether sponsoring an LTC insurance plan makes sense for your organization …

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …

Avoid stricter notification policy than FMLA requires

12/01/2003
Can your organization require employees to give notice of their need for FMLA in a way that’s more stringent than the standards set by federal law? Courts are split on this …

Don’t expect those on FMLA leave to ‘stay home and shut the blinds’

12/01/2003
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …

Barefoot, pregnant … and in court; how one dumb remark turns the tide

12/01/2003
Typically, employees need to show some pattern of discriminatory comments or behavior to carry a sex discrimination charge in court. But, as the following case proves, one stray remark that occurs …