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We’d like to help an employee who may be a domestic violence victim

07/18/2008

Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence under California law? …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

Compressed workweeks: How to handle holidays

07/17/2008
Q. A handful of our employees work four 10-hour days and get Fridays off. The rest work a regular week (five eight-hour days). If a holiday falls on a Friday, should the employees who work the 10-hour days also get Thursday off since they are always off on Fridays? — C.J., Nevada …

Post-childbirth FMLA leave: Taken in two parts?

07/17/2008

Q. One of our employees recently immigrated to the United States. She is pregnant and told us she plans to take eight weeks’ FMLA leave immediately after the child is born. A few months later, she’d like to return to her home country to visit family for a month. In other words, she wants to split her FMLA leave into an eight-week period and a four-week period. Can FMLA leave for a new child be split up in this fashion?

Assistant sues judge for age, disability discrimination

07/14/2008
Barbara Tomlinson, a former judicial assistant, has filed an age and disability discrimination charge against Hillsborough County Judge Joelle Ann Ober. Tomlinson worked for Ober for 11 years before quitting in February …

Is intermittent leave for childbirth OK? Only if you agree

07/11/2008
Here’s an uncommon FMLA question: Can a new father or mother return to work part time, taking intermittent FMLA leave? The surprising answer is no—unless the employer OKs it …

You can terminate employees on FMLA leave

07/11/2008
Employees who are in trouble often ask for FMLA leave. They seem to believe that asking for or taking FMLA leave protects them from disciplinary action. That’s a myth. The fact is, being on FMLA leave doesn’t protect employees from legitimate disciplinary action unrelated to their time off …

Back pain and workers’ compensation

07/11/2008
Q. We have an employee who has a “bad back.” We have medical reports indicating he has a congenital back problem that frequently causes severe pain. Although he has a light-duty job, he frequently misses work because of his back pain and often seeks workers’ compensation benefits during his absences. Are we always going to be liable for workers’ compensation benefits when his back prevents him from working? …

Before canceling health insurance, beware FMLA trap that could cost big bucks

07/09/2008
If, like many employers, you provide health insurance benefits to full-time employees but not part-time ones, you may be tempted to cancel coverage as soon as an employee falls to part-time status. But what if the employee is eligible for FMLA leave? Canceling may not be an option—and can lead to a big jury award …

The FMLA and domestic partners

07/07/2008
Q. Several of our company’s employees live with domestic partners. Are these employees entitled to leave under the FMLA? …