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Items Tagged with 'fmla'

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'Honest belief' Isn’t a Defense to an FMLA Claim, Says Federal Court

October 24, 2014
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An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.
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Legal Briefing: Migraines Produce Headache for Boeing

October 2, 2014
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An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.


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Legal Briefing: Be Letter-Perfect on FMLA

October 2, 2014
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Employers should consider mailing all legally mandated letters via a method requiring acknowledgment of receipt to avoid disputes, such as certified mail.
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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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When Retaliation Stands the Test of Time

August 15, 2014
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An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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When an Employee Can’t Return to Work After an FMLA Leave

April 22, 2014
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Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.
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Eliminating Mad Men Workplace Policies #SOTU

January 30, 2014
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Having flextime policies will keep quality workers engaged and employed, which is a win-win for everyone.
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When is 1,250 not 1,250? Hours Worked Versus Hours Paid for FMLA Eligibility

January 23, 2014
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Whatever time tracking and payroll system you use, it must have the ability to differentiate between time paid and time worked. It could likely save you from an FMLA claim if an employee is on the 1,250-hour bubble.
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