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Family and Medical Leave Act

There Are No Magic Words to Invoke the FMLA

May 29, 2013
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When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.
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All In Favor of Improving Maternity Leave Policies?

April 15, 2013
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At a time when businesses are expecting more from their employees than ever before, I feel a little reciprocity is in order. Companies could simply go beyond the pregnancy discrimination laws and FMLA leave policies and give their employees longer and compensated maternity leave.
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28 Days Later? Passage of Time May Allow Employers to Recertify FMLA Claims

April 9, 2013
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Managing FMLA leave, and particularly managing intermittent FMLA leave, is one of the most challenging tasks for employers. What qualifies as “significantly changed circumstances” will vary from case to case. Do not mistake this case as carte blanche to demand a recertification after every prolonged period of absence.
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Take a Pregnant Pause Before Firing That Pregnant Worker

March 13, 2013
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Firing a pregnant employee is a risky proposition.You not only have to worry about Title VII, but also potential liability under the Family and Medical Leave Act (if you are large enough to be covered), and the Americans with Disabilities Act (if the employee suffers from a pregnancy-related medical condition).
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Who's the 'Knucklehead'? Employee Loses Retaliation Claim After Slurring Co-Worker

March 6, 2013
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Exercising control to dole out legitimate discipline is not retaliation or discrimination. It's sound management of your people. Provided the punishment fits the crime, and provided the punishment is consistent with your past practices, you can discipline without fear of retribution.
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Is an Employer Obligated to Provide Light Duty to an Employee Returning From FMLA Leave?

March 4, 2013
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Before denying light duty to an employee returning from FMLA leave, you must consider whether the ADA requires the light duty as a reasonable accommodation. If you have light duty available, and do not have to create a light duty position to accommodate the employee, the ADA will likely require the consideration of temporary light duty as a reasonable accommodation.
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New FMLA Forms and Posters Coming Next Week

February 28, 2013
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The U.S. Department of Labor recently issued new FMLA regulations. The substance of these new regulations, which go into place March 8, relate to the FMLA's military leave provisions and airline flight crew personnel.
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FMLA Can Be Used as a Warning System to Prevent Costly Absences: Survey

February 26, 2013
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Employers may be able to use the Family and Medical Leave Act as an early warning system to prevent or minimize costs associated with disability absences. According to a recent report, paying attention to FMLA claims gives employers the chance to connect employees with employee assistance programs and other existing health benefits.
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FMLA Compliance Is Not as Easy as the Labor Department Says

February 12, 2013
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What do these results mean? It means that either the Labor Department found the only sample of employers in the country who have no issues managing FMLA compliance, or the Labor Department put so much spin on its survey results that its conclusions are not credible.
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