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FMLA

Don’t change job duties on return from FMLA leave

02/12/2009

Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.

Handbooks 101: 4 guidelines to follow, 5 policies to include

02/12/2009

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

Court upholds ruling limiting mandatory paid leave for FMLA

02/05/2009

Sometimes, a union contract clashes with employment laws. It’s then up to an arbitrator to reconcile the two—and an arbitrator’s decision is rarely overturned on appeal.

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Don’t grant ‘FMLA leave’ if you’re not covered

02/02/2009

Employees who are promised they can take “FMLA leave” may have a claim against an employer even if it turns out the company isn’t required to comply with the FMLA because it has fewer than 50 employees. Employees can argue that the employer misled them, and that the company should therefore be required to comply with the FMLA.

What’s the best way to legally limit the length of leaves of absences?

02/02/2009

Q. How do we handle an employee who is on an indefinite leave of absence and does not know when he will be able to return to work?

Avoiding employee lawsuits: 5 lessons from the court

01/27/2009
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OK to transfer worker on FMLA intermittent leave, as long as compensation remains same

01/27/2009

The FMLA allows employers to move employees taking intermittent leave to positions that make it easier for the employers. If you do so, just make sure that the temporary position has equivalent pay and benefits. It does not have to have equivalent duties.

Accept worker-provided FMLA form, then question the content

01/27/2009

These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an FMLA certification form online and used it.

Settling FMLA case? Prepare to prove it’s a fair deal

01/27/2009

Chances are that a court won’t approve an FMLA case settlement unless the employer can show that the amount it is paying the employee isn’t less than the cost to comply would have been in the first place.