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Employee Leave

Military Veteran Wins Damages, Reinstatement in USERRA Case

March 26, 2009
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A federal judge has awarded about $779,000 in back pay, damages and attorney fees to a financial advisor who was not restored to his previous pay at Wachovia Services after returning from active military duty.
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Family and Medical Leave Act Regulations Are Now in Effect

February 5, 2009
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All human resources professionals and managers who are involved in administering FMLA leaves will need to be informed and trained about these new regulations, since they deal with a wide range of issues that can arise in the course of administering FMLA leaves. Notably, the new regulations add two new FMLA leave entitlements that employers will want to incorporate into their policies.
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Dusting Off the Employee Handbook

January 28, 2009
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Employment laws constantly change. Your company manual should too.
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Wachovia Acquisition May Put Leave Plan in Peril

January 23, 2009
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The bank, which was purchased by Wells Fargo for $14.8 billion, launched its innovative leave program in January 2008 to give employees the chance to take up to three years off to care for a sick family member or for other personal reasons.
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Millions on Washington Mall Represent Thousands of Days Off

January 20, 2009
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Some worked extra hours before Christmas; others gave notice the day after the election that they wanted to be present for President Barack Obama’s inauguration.
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FMLA Amendments Add Military Family Leave

December 19, 2008
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Employers are advised to consult the new regulations’ entitlements and notice requirements. An employer may now be liable when it fails to follow the notification rules and the employee is caused harm as a result of this failure.
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Employers Find Legal Support for Surveillance to Fight FMLA Abuse

October 14, 2008
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A recent court decision offers confirmation on the practice of spying on employees as a valuable—and legal—tool for fighting FMLA fraud.
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Re-Employment Rights And USERRA

October 14, 2008
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Protections under USERRA extend to employees who have left military service under “honorable conditions,” make a timely request for reinstatement and provide the employer with a signed authorization allowing access to the employee’s military and medical records.
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Policies and FMLA Rights For Ineligible Employee

August 15, 2008
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A company handbook can create a contractual relationship or, in the alternative, the enforcement of a promise made in the handbook that the employee has relied on to his detriment. As such, courts have barred employers from asserting the defense of FMLA ineligibility.
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Retaliation for Job-Protected Absences

June 27, 2008
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Adverse action against an employee for taking job-protected FMLA leave is unlawful. Employers are advised that eligible employees should be afforded FMLA leave, which may include a reduction to an employee’s workload.
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