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FMLA

Highland Village firefighter: Department harassed, retaliated

01/07/2011
A female firefighter in Highland Village has filed a lawsuit accusing the municipality of sexual harassment and retaliation following her firing in November 2008, after she filed internal and state complaints.

DOL teams up with ABA–expect more FMLA, FLSA suits

01/07/2011
Since Dec. 13, employees with unresolved FMLA or Fair Labor Standards Act complaints with the DOL have been told of another option: a toll-free phone number that can link them to an ABA-approved attorney in their area who could handle their lawsuit.

Sick leave and FMLA: Should you call off your call-in policy?

01/07/2011
Does your call-in policy demand that employees contact their supervisors daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling last week said …

If employee gives late FMLA notice, when must you cut slack?

01/04/2011
The latest FMLA regulations give employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances. The question is, how much?

Twittering away the day on FMLA

01/03/2011
Have you ever searched Twitter for the term “FMLA”? You’ll find some interesting interpretations on how people use their “family” or “medical” time off. Chicago law firm Franczek Radelet PC collected these recent tweets:

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.

Impossible employee? FMLA rules still apply

12/22/2010

It can be tempting to ignore an employee who is impossible to reason with. That’s a bad idea, especially if any of his infuriating behavior involves a request for FMLA leave. If you ignore your obligations, you’ll probably end up in court.

Worker back from FMLA? Beware making job changes

12/21/2010
After an employee returns from FMLA leave, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.

With good reason, it’s OK to fire upon return from FMLA

12/21/2010
Don’t be afraid to terminate employees who have just returned from FMLA leave—as long as you have good reasons that are unrelated to the FMLA.

Temp better than employee? Terminate with care

12/21/2010
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!