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FMLA

Employee working while on FMLA leave? Check certification

04/01/2008
If you find out that a worker out on FMLA leave is actually working for someone else, it’s time to check the employee’s FMLA certification. If the certificate says he’s “unable to perform work of any kind,” you can and should take action …

Employees who agree to arbitration lose federal option in FMLA, NJLAD cases

04/01/2008
Employees who agree that they want an arbitrator to handle their absenteeism claims shortly after they have been disciplined can’t later file a federal FMLA or New Jersey Law Against Discrimination (NJLAD) claim …

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …

Employees can sign away past FMLA violations in Pennsylvania

04/01/2008
The U.S. Labor Department has announced it plans to update FMLA regulations. The proposed regulations make it clear that employees will be able to settle past FMLA violation claims. Now a recent case spells out under what circumstances a release will be contractually and legally binding …

15 years after enactment, FMLA changing with the times

04/01/2008
The FMLA is undergoing change. In early 2008, Congress made the first significant amendments to the law since it was enacted almost 15 years ago in 1993. Only a few weeks later, the U.S. Labor Department published proposed changes to its FMLA regulations …

Can we dock vacation time if sick leave is exhausted?

04/01/2008
Q. If an employee is out sick but has already used up her sick leave hours, can we legally subtract from her vacation time instead? …

Collecting unpaid health insurance premiums after FMLA leave

04/01/2008
Q. One of our employees recently came back from FMLA leave. Before he left, we never agreed on the method by which he would pay his share of health insurance premiums. It’s been two months now, and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium? …

How International Conflict Breeds Domestic Employment Laws

03/18/2008
The employment law legislative cycle has played out repeatedly for more than 40 years: Congress acts to protect service members’ rights when they are risking their lives in the field. Often those rights end up spreading to all other workers as well. The result: the Civil Rights Act, the ADA, the FMLA and USERRA.

Answers to your FMLA military family leave questions

03/11/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

Bring back injured employee quickly: A 5-step return-to-work plan

03/04/2008
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she will return at all.