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Family and Medical Leave Act

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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Labor Department: Employers Find It Easy to Comply With the FMLA. What?!?!

February 5, 2013
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Either the Labor Department found the only 1,649 employers (91 percent of the 1,812 worksites surveyed) who “find it easy to comply with” the FMLA, the Labor Department is putting some major spin on its survey results, or my read on FMLA administration is way off.
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Requests for Unpaid Medical Leaves Should Be Stamped, 'Handle With Care'

January 22, 2013
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If you are granting a leave to an employee as an accommodation, your best defense to a potential Americans with Disabilities Act claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of absence, no one will fault you as an unreasonable ogre if you decline.
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee

January 17, 2013
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Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
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Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests

January 16, 2013
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The U.S. Department of Labor has issued an “administrator's interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act.
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Putting the Human Back in Human Resources, Redux

January 16, 2013
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Employers, what do you think costs more? Accommodating a few days of unpaid time off or defending this lawsuit?
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Certification Harassment? 6th Circuit Rejects Claim Under FMLA

November 29, 2012
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Following the rules does not equate to harassment. Now if we can all just figure out those annoying rules.
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